Ethics & Human Interface

Moral attitude refers to an individual’s personal beliefs, values, and principles that guides his/her behaviour and judgment regarding what is right and wrong, good and bad, and virtuous or immoral. Role of moral attitude in shaping the perception and response to marital rape in India:

• Assumption of implied consent: Traditional view considers sexual consent within marriage as implied and does not see the need for consent in marital relationships.
• Prioritization of marital duties: The society emphasizes on fulfilling marital obligations, obedience to the spouse, and preserving family honour.
• Social norms of propriety: Open discussions about sexuality and violation of conjugal rights are often stigmatized, thereby inhibiting awareness and acknowledgment of the issue of marital rape.
• Culture of silence and victim-blaming: Oftentimes, there are instances of victim-blaming where the blame is placed on the victimsand their morality is questioned, instead of the perpetrators.

In this context, since the moral attitudes of the society are changing in general, in terms of recognition of human rights, gender equality and individual autonomy, the perception and response to marital rape in India is also shifting albeit slowly. The ethical considerations in criminalisingmarital rape in the country include:

• Whether ‘misuse of law’ is a plausible argument: There is a need to consider whether mere suspicion over the potential of criminalization of marital rape becoming a tool for harassment of husbands takes precedence over the abuse and violation of dignity faced by women.
• Whether right to sexual intercourse is absolute within marriage: The mere fact of marriage cannot presume a spouse’s everlasting consent to sexual intercourse. If sexual intercourse without consent is defined as rape in the criminal jurisprudence, the issue that arises is whether marital status can change it.
• Whether stability of the institution of marriage takes precedence over the right to bodily autonomy of women: A married womanshould get to preserve the right to bodily integrity and right to sexual autonomy. The argument that these rights lead to the destabilization of the institution of marriage needs to be considered in this context.
• Whether privacy takes precedence over justice: There is an argument that subjecting couples to detailed evidentiary requirements or surveillance measures could hamper their privacy and autonomy. However, this argument should be considered against the sense of justice it would provide women.
• Whether such a law should be gender-neutral: If the notion that marriage gives men the divine right to have sexual intercourse with women needs to be challenged, then so should the women- centric nature of this debate. The right should be gender-neutral.

As society evolves, so does its attitude towards emerging issues. Emphasis on ethical principles highlight the importance of consent and reject any form of sexual violence, including within marriage. Increased recognition and addressal of the ethical imperatives involved in the debate of criminalization of marital rape would help balance the rights of all.