APCRSHR10 Virtual abstract presentation of Dr Ajay Kumar Singh
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This is the abstract presentation of Dr Ajay Kumar Singh, which was made as part of the 13th session of 10th Asia Pacific Conference on Reproductive and Sexual Health and Rights (#APCRSHR10 Virtual), on the theme of "Sexual and other forms of gender-based violence & SRHR in Asia and the Pacific". Chair: Prof Thein Thein Htay, former Deputy Health Minister, Myanmar; and honorary Professor, University of Public Health, Myanmar and University of Oslo, Norway; and visiting Professor, SEISA University, Yokohama, Japan Plenary Speaker: Sujata Tuladhar, Technical Specialist, Gender-based Violence, UNFPA Asia-Pacific | "Promising practices in addressing gender-based violence during COVID-19" Abstract presenters ************************ * Sovananry Tuot | Gender-based violence experiences and sexual and reproductive health among female entertainment workers in Cambodia: a cross-sectional study * Melania Hidayat | Rapid Assessment of the Gender-Based Violence During the Emergency Situation in Palu, Sigi and Donggala - Central Sulawesi * Sagar Sachdeva | Re-Evaluating Masculinities for SRH and GBV Programming * Ajay Kumar Singh | Does asserting Sexual and Reproductive Rights Prevents Married Women from Marital Rape: An Exploratory Study from India Voice from the frontline: Prameswari Puspa Dewi, National Coordinator, KITASAMA (Koalisi Indonesia untuk Seksualitas dan Keberagaman/Indonesia Coalition for Sexuality and Diversity) For more information on the session, please visit www.bit.ly/apcrshr10virtual13 Official conference website: www.apcrshr10cambodia.org Thanks
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APCRSHR10 Virtual abstract presentation of Dr Ajay Kumar Singh
- 1. Contact: krsajay@gmail.com Does asserting Sexual and Reproductive Rights prevents married women from marital rape: An exploratory study from India Ajay K Singh, Ph.D krsajay@gmail.com New Delhi India 7, December, 2020
- 2. Contact: krsajay@gmail.com • Marital rape is any unwanted sexual acts by a spouse, committed without consent and/or against a person's will, obtained by force, or threat of force, intimidation, or when a person is unable to consent. • These sexual acts include intercourse, anal or oral sex, forced sexual behavior with other individuals, and other sexual activities that are considered by the victim as degrading, humiliating, painful, and unwanted.
- 3. Contact: krsajay@gmail.com Organization of the presentation • Introduction and Background • Objectives of the study • Sample and Methods • Findings • Summary and Conclusions
- 4. Contact: krsajay@gmail.com Introduction • Marital rape is the most common and repugnant form of masochism in Indian society-it is hidden behind the curtain of marriage. • More than two-thirds of married women in India aged between 15 and 49 have been raped or forced to provide sex by their husband (UN Population Fund 2006). • In India marital rape exists de facto but not de jure. While in other countries either the legislature has criminalized marital rape or the judiciary has played an active role in recognizing it as an offence, • Cultural norms and the perceived social stigma attached to rape often discourage the reporting of marital rape
- 5. Contact: krsajay@gmail.com Objectives • To explore the young married women's sexual & reproductive rights and gender roles and its association with their experience of sexual & physical violence.
- 6. Contact: krsajay@gmail.com Population Sample and Method • Exploratory study in Delhi, India- with 650 young married women aged 15-29 years in low income community • House listing and SRS Method to select women • Quantitative survey, using handheld device Select Background Characteristics N= 650 Mean age of the women 26 years Median years of schooling 10 years Mean age at marriage 18 years Average HH monthly income 165 USD Working for money 11 % Mean Marital Duration 5.6 Years
- 7. Contact: krsajay@gmail.com Indicators Mean SD Cronbach alpha (reliability test value) Variation (Min- Max) Empowerment Index 9.12 2.34 0.89 6-12 Sexual Right Index 8.73 6.71 0.89 0-20 Reproductive Right Index 12.37 3.33 0.87 5-15 Compatibility Index 29.39 8.97 0.87 4-48 Empowerment Index (0 and 2: Freedom for spending money for buying goods with her own choice, Freedom for having some money set aside that she can use as she wish, Freedom for spending money for seeking health care facilities Freedom for making decision to limit the family size, Freedom to Attend NGO/CBOs meetings and Freedom to visit native places Sexual Right (0 1 and 2: Wife can refuse sex when; Tired or not in mood to have sex, Have recently given a birth, Husband has a sex with other women Know that your Husband has sexually transmitted disease Reproductive Right (0 and 2): You should decide upon the number of children that you will have; You should decide upon the spacing of the children; You should decide about the type of family planning method will best suit you You are alone capable of spending money on your health needs without husband consent ; It is your Right whether to keep a pregnancy or to abort it Compatibility Index: (0 2) : Discussion with husband on RH, Family Planning, HIV etc. Ever been out with husband, In your relationship, with your husband, how often would you say that you quarreled , Restrictive behavior of husband, Using of contraceptive with, husband consent, concordance in having number of children, Husband accompany women to health center Measurments
- 8. Contact: krsajay@gmail.com Perception on Reproductive and Sexual Rights Attitude towards Reproductive Rights % Agree You should decide upon the number of children that you will have 68.67 You should decide upon the spacing of children 77.67 You should decide about the type of family planning methods will best suit you 61.7 You are alone capable of deciding upon spending money on your health needs without husband consent 67.7 It your right whether to keep a pregnancy or to abort it without husband consent 68.67 Percentage of married women who do not agree that a women is justified in refusing sex with her husband when % Do not agree She is tired or not in the mood 39.0 She has recently given a birth 39.0 She knows that her husband have sex with other women 40.67 She knows that her husband has a sexually transmitted disease 40.67
- 9. Contact: krsajay@gmail.com Life time experience of sexual and physical Violence 78.0 63.7 62.0 44.7 41.3 0 20 40 60 80 Any Violence Non Physical violence Sexual Violence Physical Violence Physical and Sexual Violence
- 10. Contact: krsajay@gmail.com Type of Sexual and Physical violence experienced by young married women 60.3 34 34 32.7 28.7 15.3 14.3 13.3 11.3 10.7 0 20 40 60 80 Scared her on purpose Insulted her Pushed her Slapped her or done something to hurt Humilated her publically Threatened to hurt her hit her with his fist or something else kicked Kicked or dragged her Chocked or burnt her Threatend her with gun or weapon 24 62 37.7 41.7 52.3 0 20 40 60 80 All of three Any of Three Physically forced her to have sexual intercourse when she did not want to Did she ever have sexual intercourse when she did not want because she was afraid of what he might do Did he ever force her to do something sexual that she found degrading or humiliating Type of Physical and non-physical ViolenceType of Sexual Violence
- 11. Contact: krsajay@gmail.com Frequency of sexual and Physical Violence during last 12 months 56.6 63.43 16.04 18.66 27.36 17.91 0 10 20 30 40 50 60 70 Sexual Violence Physical Violence Once Few Many times
- 12. Contact: krsajay@gmail.com Justification of Violence Type of Violence Experienced Percentage of married women who agrees that a husband is justified in hitting or beating his wife if If she goes out withou t telling him? If she negle cts the childr en? If she argue s with him? If she refuse s to have sex with him? If she burns the food? Percentage who agrees to at least one specified reasons Physical Violence Experienced PV Didn’t Exper. PV 24.63* 15.66 14.18* 9.64 24.63* 13.86 9.70* 2.41 9.70* 4.22 35.82* 23.49 Sexual Violence Experienced SV Didn’t Exper. SV 24.19* 12.28 15.05* 6.14 23.66* 10.53 7.53* 2.63 9.14* 2.63 36.02* 17.54 Any Violence Experienced andy Viol. Didn’t Exper. any Viol. 21.79* 12.12 13.25* 6.06 22.65* 4.55 6.84* 1.52 7.69* 3.03 33.76* 12.12 Total 19.67 11.67 18.67 5.67 6.67 29.00 *P<0.05, Chi Square test
- 13. Contact: krsajay@gmail.com Reaction of husband when women refuses to do sex* 28.7 26.4 26.4 8.0 5.7 4.6 0 5 10 15 20 25 30 35 Respects her decision and don't do sex Forces and Blackmail her for sex Beats her Beats her and goes to other women Don't beat her but goes to other women Threatens to go to other women *Women who refused to have sex to her husband
- 14. Contact: krsajay@gmail.com Type of Violence Experienced Feel that husband has extramarital sex Worried that she can be infected with HIV Sexual Violence Yes No 26.34 * 2.63 21.51 * 5.26 Physical Violence Yes No 30.60 * 6.63 24.63 * 7.83 Any Violence Yes No 23.72 * 1.18 19.53 * 4.71 Total % 17.33 15.33 *P<0.05, Chi Square test Experience of Violence and Risk Perception
- 15. Contact: krsajay@gmail.com Type of Violence Experienced RTI/STIs Symptoms Any Sympt oms White Discha rge Pain during Interc ourse Pain during Urinat ion Some mass coming out during urinatio n Pain in lower abdom en Bloo d in Urin e Blister s aroun d genital s Foul Smelli ng Experienced Sexual Violence 32.8* 24.73 12.9 22.0* 3.7 13.4 4.3 1.08 10.7 Never experienced sexual violence 27.2 21.05 17.5* 16.7 3.5 16.7 4.4 1.08 7.9 Total % 30.7 23.3 14.7 20.0 3.7 14.7 4.3 1.3 9.7 *P<0.05, Chi Square test Experience of Sexual Violence and RTI/STI Symptoms
- 16. Contact: krsajay@gmail.com Experience of Violence and Menstruation related problems 41.4 44.8 38.5 19.3 23.5 13.6 0 5 10 15 20 25 30 35 40 45 50 Sexual Violence Physical Violence Any Violence Yes No *P<0.05, Chi Square test
- 17. Contact: krsajay@gmail.com Experience of Violence and spousal communication on FP and Health issues Violence Type Spousal Communication on Family Planning How to spend money No. of Children RTI/STI HIV/AIDS Any of these Physical Violence Yes No 32.1 47.0* 27.61 30.72 20.90 37.95* 41.04 47.59* 39.55 59.04* 55.97 69.8* Sexual Violence Yes No 41.94 37.72 29.03 29.82 26.34 36.84* 41.94 49.12* 47.85 54.39* 60.22 69.3* Any Violence Yes No 34.6 41.8* 24.4 30.3* 30.34 30.30 42.42 45.30 48.72 56.06* 56.68 63.6* Total 40.33 29.33 30.33 44.67 50.33 63.67 *P<0.05, Chi Square test
- 18. Contact: krsajay@gmail.com Indices Type of Violence Experience Any Violence Sexual Violence Physical Violence Empowerment Index Low Moderate High 85.71 82.67 67.26* 72.32 64.00 50.44* 58.93 49.33 27.43* Reproductive Right Index Low Moderate High 73.68 76.67 69.78 59.65 65.00 61.75 47.37 51.67 41.53* Sexual Right Index Low Moderate High 83.33 70.59 62.3* 70.45 57.65 53.01* 55.30 40.00 32.53* Compatibility Index Low Moderate High 84.21 79.5 65.8* 68.42 60.9 53.51* 65.79 49.01 31.53* Total(%) 78.0 62.0 44.7 *P<0.05, Chi Square test
- 19. Contact: krsajay@gmail.com Results of Multivariate Logistic Regression Analyses OR P Value Empowerment Index 0.78 0.021 Reproductive Right Scale 0.96 0.044 Sexual Right Scale 1.04 0.017 Compatibility Index 0. 89 0.048 Spousal Communication .59 0.000 OR P Value Physical Violence 1.05 0.061 Non Physical Violence 1.67 0.074 Sexual Violence 1.72 0.039 Spousal Communication 0.76 0.044 Experienced Sexual Violence At least one symptoms of STDs Controlling for age, education, occupation, ethnicity and Number of children
- 20. Contact: krsajay@gmail.com Summary and Conclusion • Women despite asserting their SR and RR, a considerable number of them are battered and are sexually coerced by their husband • It is disheartening, to see that women who experience violence, more of them also justify violence • Women who have experienced sexual and other forms of violence, a significant number of them had high risk perception • Social/familial taboo attached to report marital rape, restricts women to take legal discourse, forces women to suffer alone and makes them vulnerable to serious health problems including STD and HIV
- 21. Contact: krsajay@gmail.com Summary and Conclusion • The dearth of data on this issue, advocates more research on incidence, forms and context of sexual coercion among married young women in different settings. • Involvement of men to become more gender equitable • Marital rape should be recognized by Parliament as an offence under the Indian Penal Code. • Build capacity of local support structure to provide married women who suffer forced sexual relations access to legal discourse of their choice with sensitivity
Editor's Notes
- There is a growing programmatic and research interest in addressing the sexual and reproductive health situation and needs of the young in India, the thrust is implicitly on unmarried, rather than on the married as well. Yet the evidence is that sexual activities among the young females in India takes place within the context of marriage. Not only are larger proportion of young sexually active within a marital context, but also, as is well known, married young are far more likely to experience regular sexual relations than are unmarried sexually active young. Very little is known about the lives of married young women and data that enable comparisons of the situations and needs of married young women with those of unmarried or married older women are sparse.
- Very few literature on the young married women, most of the available literature generally focuses on young unmarried girls rather than married, despite the fact that In India sex is negotiated and acted mostly under the sanctity of marriage Historically, marital or intimate partner rape was not considered a crime. In many countries, including the United States, rape was traditionally defined as forced sexual conduct with someone other than one's wife. As a matter of law, rape could not occur within a marital relationship; the consent of the wife to the sexual contact was presumed.
- 37% of women who refused sex (n=188--62%) with their husband faced physical violence
- Data also shows that with increase in age, and marital duration, all forms of violence seems to increase, women who are employed and are salaried experience less violence in all the categories. Women who are illiterate and have more number of children also experience more violence Evidence suggests that as marital partnerships become more established, even in settings characterized by limited autonomy, women do indeed develop strategies to counter sexual violence. Evidence from South Asia suggests for example that sexual experiences later in marriage are varied. For many, passive acceptance tends to replace the trauma that accompanies early coerced sexual relations with their husbands due to the lack of options or as a strategy for survival.
- More number of women who experienced violence of any form also justified wife beating for various reasons Women who have more number of children , illiterate/low education also justify violence more than others. Muslim women tend to justify violence more than other religious group. However, women who are employed and getting salary a very low percentage of them justify violence of any kind (9%) Discuss variation by socio-economic background
- N=188 who refused
- Total Menstruation problem is 33%
- Reproductive right Index was computed by summing the weights of variables; You should decide upon the number of children that you will have, You should decide upon the spacing of the children, You should decide about the type of family planning method will best suit you, You are alone capable of spending money on your health needs without husband consent and, It is your Right whether to keep a pregnancy or to abort it. The Response categories were Agree, Partially Agree and Disagree. Maximum weight of 3 was given to the positive response and 0 for the leas positive response. Sexual right Index was computed by summing the weights of variables two different type of questions, 1) What will you do if you find your husband involved in extramarital relationships; you will; Deny sex, Insist on condom use, Strongly restrict, Response categories were Yes and No 2) Do you think you are justified in refusing sex to your husband when you are ; Tired or not in mood to have sex, Have recently given a birth, Husband have a sex with other women, Know that your Husband has sexually transmitted disease. Response categories were yes and No. Maximum weight of 2 was given to the positive response and 0 was given to the negative responses. Husband Compatibility was computed in a similar fashion extracting values from different variables such as, Spousal communication reproductive and sexual health including HIV/AIDS, perception of marital life, spending time together, consent taken on decision making, space given to exercise her autonomy etc.
- Rebuttal of arguments against criminalization of marital rape The following are some of the common arguments given against the idea and proposal of criminalizing marital rape as an offence: — There is no need to give legislative attention to marital rape, as it is quite uncommon. — Due to the near impossibility of proving marital rape, its criminalization would only serve as an increased burden to the already overburdened legal system. — Dissatisfied, angry, vengeful wives might charge their innocent husbands with the offence of marital rape. — There is an implied consent to have sexual intercourse when a woman marries a man. — Marital rape laws would destroy many marriages by preventing any possible reconciliation. Suggestions for reform In light of the above discussion following suggestions are made: — Marital rape should be recognized by Parliament as an offence under the Indian Penal Code. — The punishment for marital rape should be the same as the one prescribed for rape under Section 376 of the Indian Penal Code. — The fact that the parties are married should not make the sentence lighter. — It should not be a defence to the charge that the wife did not fight back and resisted forcefully or screamed and shouted. — The wife should have an option of getting a decree of divorce if the charge of marital rape is proved against her husband. Though a case of marital rape may fall under “cruelty” or “rape” as a ground of divorce, it is advisable to have the legal position clarified. — Demand for divorce may be an option for the wife, but if the wife does not want to resort to divorce and wants to continue with the marriage then the marriage should be allowed to continue. — Corresponding changes in the matrimonial laws should be made.