CPI MP introduces private member’s bill in Rajya Sabha to criminalise marital rape

MP Binoy Viswam introduced a private member’s bill in the Rajya Sabha on Saturday.

It is expected to be introduced and discussed during the forthcoming winter session of Parliament under the name “Criminalization of Marital Rape Bill, 2022.”

CPI MP Binoy Viswam said, “The Bill aims at criminalising marital rape by substituting Exception 2 of Section 375 of the Indian Penal Code with the consent of the survivor for sexual intercourse shall not be presumed based on the marital status, previous conduct, clothing, sexual history, class, or any other previous social attribute of the female partner.”
“The Bill states that the marital rape exception in the existing law violates the fundamental rights of women by commodifying their bodies for their husbands,” Viswam said.
He further read out the statement and objective of the Bill as: “In a country where sexual violence within families is still a taboo, any attempt from the state to protect and preserve the institution of marriage at the cost of women’s subjugation goes against the principles of a civilised nation and everything it stands for. It is pertinent and necessary to remove this exception and insert a non-presumption clause to this law as it is a violation of a woman’s bodily rights in their daily life and criminalisation of marital rape is need of the hour.”

According to him, the new article will guarantee women’s bodily autonomy and criminal law redress if violated.

The Prevention and Eradication of Human Sacrifice and Other Superstitutious Practices Bill, 2022, was a Private Member’s Bill that the CPI MP had previously informed the Rajya Sabha Secretary General he intended to “move for leave” to introduce during the next winter session of Parliament.

“Such actions devastate society and mislead people into taking drastic measures. Certain individuals abuse religious and cultural customs to take advantage of others, “said Viswam.