Missing elements in NYTimes marital rape report from India

Marriage was a hot topic this week in the Indian press following rulings by two Delhi Courts. The High Court held that apostasy was automatic grounds for granting a divorce under the country’s Muslim Marriage Act, while the Court of Additional Sessions in Delhi ruled that there was no such thing as “marital rape” under Indian civil law and the Hindu Marriage Act.

Religion — in this case the intersection of Hinduism and Islam — played a prominent role in the reporting of the first story. But it was absent from overseas reports on the second. The Hindu reported that a Muslim wife who quits her faith for another may be granted an automatic divorce from her Muslim husband.

A Division Bench of the High Court, rejecting an appeal of one Munavvar-ul-Islam against a decree of a family court in Saket, has held that dissolution of his marriage with Rishu Arora, who first converted to Islam but later reconverted to her original religion, was valid under the Dissolution of Muslim Marriage Act, 1939.

“It is an admitted fact that the respondent (Rishu) was initially professing Hinduism and had embraced Islam prior to the marriage, and then reconverted to Hinduism. … The trial court was right in specifying that the marriage stands dissolved from the date on which the respondent apostatised from Islam,” stated the Bench, comprising Justice S. Ravindra Bhat and Justice Najmi Waziri, in its 30-page verdict delivered on Friday.

The Indian Express’s lede typifies the interpretation of the ruling.

One’s religious faith is above any law, the Delhi High Court has ruled while granting divorce to a girl who converted to Islam for marriage and then reconverted to her original religion.

The New York Times picked up the marital rape story, running a piece on page A7 of its May 13 print edition entitled: “India: Court Rules That Marital Sex, Even When Forced, Is Not Rape.”

The Times story, which was reprinted by some Indian outlets, comes down on the side of the wife, while other Indian newspapers were skeptical of the claims made in her pleading. The Times wrote:

NEW DELHI – A Delhi court has ruled that sex between a husband and wife, “even if forcible, is not rape.” The judge’s decision, which was made public Saturday, upheld section 375 of the Indian Penal Code, which does not recognize “sexual intercourse by a man with his own wife, the wife not being under fifteen years of age,” as rape.

Last October, a Delhi woman filed a complaint against a man she accused of drugging her, abducting her and taking her to Ghaziabad, Uttar Pradesh, to register their marriage. Afterward, she told the court, he raped her.

The judge in the case wrote that there was “no clinching or convincing evidence on record to show that the accused had administered any stupefying substance.” The man accused in the case said that the couple was married in 2011 at the woman’s home in Delhi in the presence of her family, and that they had decided to register with the court only last year on the insistence of the woman. He also said, according to court documents, that the rape complaint was filed by the woman under pressure from her family members, who were not in favor of their marriage.

The Indian Express came down on the side of the husband. Adding these details:

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