Smita Bharti’s Post

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Executive Director - Sakshi (Regd. NGO 1992)

TRIGGER WARNING: MENTION OF SEXUAL VIOLENCE In India, Exception 2 to Section 375 of the IPC effectively legalises non-consensual sex within marriage for women over 18. As we challenge this, we need to reflect on what this truly means. At its core, this exception violates a woman's right to equality, freedom, and personal liberty. Marriage should never be a license for sexual assault. As we push for laws against marital rape, we must ask ourselves: are the legal provisions and redressal enough? The significant backlog of over 1.7 million pending criminal cases in India, including 42% related to sexual offences*, indicates that our legal system is overwhelmed and insufficiently equipped to handle such cases effectively. Even if marital rape is criminalised (which it should be), the existing legal framework struggles to deliver timely justice or support for survivors. This raises critical questions about whether merely changing laws can lead to accountability and healing for victims/survivors in a system that is already strained. That’s why prevention must be a cornerstone in this conversation. The law alone can’t solve this issue. We must engage men and boys to unlearn, question, and actively resist the deeply ingrained misogyny that leads to marital rape. Teaching consent—understanding that it’s never ongoing or implied by marriage—is essential. Every aspect of prevention and redressal must work hand in hand if we want to eliminate sexual violence So, while we continue the fight for legal change, we also need to ask ourselves: How do we challenge the cultural norms that allow marital rape to persist? What can we do in our homes, workplaces, and communities to ensure that consent is understood and respected? We need to ask these questions because change starts with each of us. #Consent #GenderEquality #EndMaritalRape #Prevention *(Exclusive: India cuts target for fast-track sex crime courts as states fall short | Reuters https://lnkd.in/g6Uq45j8)

Exclusive: India cuts target for fast-track sex crime courts as states fall short

Exclusive: India cuts target for fast-track sex crime courts as states fall short

reuters.com

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This is a crucial conversation that needs to happen now more than ever. The legal recognition of marital rape is just one part of the solution; addressing the cultural norms and educating individuals about consent is equally vital. Change begins at home and in our communities—let's commit to fostering a culture of respect and understanding. Thank you for bringing attention to this important issue! 

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