India One Of Few Democracies Overlooking Marital Rape: Shashi Tharoor

Kolkata: Diplomat-turned-senior Congress leader Shashi Tharoor said on Thursday he was shocked that despite strict anti-rape laws, India remains one of the few democracies where marital rape is not treated with the seriousness it deserves.
Speaking at a program organized by Prabha Khaitan Foundation in association with FICCI Women’s Organization, Tharoor said, “I was shocked to learn that India is one of the few democracies in the world where the case of a husband raping his wife without her consent is not treated with the seriousness it should be.”
He pointed out that although India has a strong anti-rape law, there are exceptions for marital rape, which is nothing more than husbands raping a woman without her consent.
“Why should they (husbands) be exempt?” he said.
He added that if a person does not respect his/her life partner and rapes her against her will, arguing that marital relationship constitutes a violation of the law and violence against women.
He said the current ruling was based on “an outdated assumption that marriage is a sacred ceremony and what happens within it cannot be otherwise classified.”
“We feel that a proper law against domestic rape is greatly needed in the country. However, it is regrettable that even women ministers holding certain offices have not looked into this aspect to prevent such atrocities.” he said.
Tharoor said the exception was a “travesty” in terms of justice and provided impunity even in cases where couples were separated but not yet divorced.
“There is a lot of marital rape between couples who are separated but not legally divorced. For example, you often see situations where talaq is declared, the husband lives separately but returns whenever he wants and forces himself on his wife, and nothing can be done because the law still considers them as husband and wife,” he said.
Tharoor was responding to a question from a female college student during a ‘tete-a-tete’ with her and her sisters Shobha Tharoor Srinivasan and Smita Tharoor at GD Birla Sabhagar.
Observing that there is an implicit assumption that “marital rape” can be allowed within a conjugal marriage, he reiterated, “It is not part of conjugal love, it is violence.”
While receiving great applause from the audience, Tharoor said, “We need to defend women’s rights, which are ignored in many ways. We must raise our voices.”
When asked about alleged hostility towards Indians and other immigrants in the US and Europe, he acknowledged that “the resentment has become much more visible, very openly hostile.”
“There is hostility towards immigrants and xenophobia not only in the West, but all over the world. People think that their dreams are blocked by people who are not like them. This hostility is increasing and is also seen in our country.”
“My advice to young people who go to the USA for a scholarship is to gain knowledge and then return. Your city needs you. Your country needs you,” he said.
Thanking his sisters and family for their “tremendous emotional support to overcome the difficult predicament of political life”, Tharoor said, “The most important thing is to be true to yourself. Pay attention to your merits and abilities in the chosen field.”
“I have always said that there is no point in being a stereotypical politician. I believe in my politics, my ideas, my values and I stand behind them. Even if my values are not pleasant, I never hesitate. I have never said anything that I do not believe in.”
To a question about his perception that he communicates with exotic, unfamiliar English words, Tharoor said, “I like to think that I am someone who communicates with people, and if they don’t understand you, there is no point in communicating.”
When asked whether he showed diplomatic restraint in his country, he replied: “I will not say that I am a diplomat at home.” “When you are with your relatives and not in public, you are not likely to be under surveillance (while at home), regardless of whether you toe the party line in every word and action,” he explained.

