Lack of knowledge—that is the problem. Many societal issues arise, both overtly and covertly, due to a deficiency in appropriate and necessary knowledge. The reasons for this lack can be both personal and social. On a personal level, an individual lacks knowledge when they do not strive to learn about matters that directly or indirectly affect themselves and those around them. At the societal level, people often lack awareness of a problem when no one is willing to acknowledge it as such for various reasons. This is particularly true for spousal rape, commonly referred to as marital rape globally. Unfortunately, this issue is not widely recognized in Pakistan.
Indeed, in Pakistan, not only is there a lack of understanding about marital rape, but many people also lack knowledge about rape in general. It is strange but true. You will find many discussing rape and its immediate causes, but when you ask them, “Under what circumstances is rape legally defined?” you may quickly discover that most lack legal knowledge about the subject. The situation worsens if you inquire about the types of rape. Many will respond with annoyance, saying, “What are types of rape? Rape is rape.” A few might name one or two types, but marital rape is rarely mentioned among them.
One major reason for the absence of marital rape in discussions is the prevailing cultural belief in the sanctity of marriage. Many associate marriage with a religious command ordained by God, leading them to believe that a man cannot rape his wife and thereby taint this sacred relationship. Additionally, Pakistani society is patriarchal and often rejects the very notion of marital rape. Many men view their wives as their property within the institution of marriage, believing they have an inalienable right to engage in any sexual activity to fulfill their desires, rendering consent and willingness irrelevant.
This patriarchal mindset shapes individuals’ behavior. Society fosters the belief that men are the captains of the marriage "ship," responsible for regulating everything for their wives. Under these cultural norms, men often fail to consider the repercussions of their words and actions. In some cases, they may consciously or unconsciously behave in ways that cause significant physical and emotional harm to their partners, leaving deep scars on their souls and transforming men from partners into bullies.
Similarly, women are often socialized to respect and submit to their husbands unconditionally, believing that men are divinely ordained to lead. Consequently, many women are led to view enduring mental and physical suffering as part of their duty to protect the marriage. Some may suggest that these difficulties are temporary and will resolve over time, urging victimized women to support their husbands regardless of the circumstances. Others may attribute such behaviors to the financial and mental strains on men, advising women to tolerate them without complaint.
Due to these ingrained beliefs, many victimized women do not see themselves as victims of marital rape, resulting in numerous cases going unreported. However, on November 23, 2022, an FIR was lodged under Section 377 of the PPC by a woman against her husband for forcing her into unnatural sex at the Chakiwara Police Station in Karachi. In January 2024, Additional Sessions Judge Ashraf Hussain Khowaja sentenced the accused to three years of rigorous imprisonment, along with a Rs. 30,000 fine. This conviction marks a significant milestone in Pakistan's legal history, emphasizing that consent is paramount—even within marriage—and challenging prevailing attitudes about marital rape.
While this conviction encourages women to confront societal attitudes and cultural barriers, there remains an urgent need to create awareness about marital rape, as many women are still unaware of this violation. To this end, the government, civil society organizations, and the media should collaborate to provide platforms for discussion on the issue. Additionally, non-governmental and human rights organizations should raise awareness about marital rape in their campaigns, as no formal institutions currently exist to address this issue in Pakistan.
Moreover, Pakistan lacks legal protections against coercive sexual conduct within marriage, which undermines women's bodily autonomy. There is a pressing need for legal provisions that prohibit coercive sex and uphold women's rights to bodily autonomy and consent. Implementing these measures would not only help recognize marital rape as a criminal offense but also provide essential medical and legal support for victims. Thus, Pakistan must grant legal status to marital rape to ensure the protection of women’s rights within marriage.