KESBANG.COM, INDIA – Pengadilan tertinggi India pada Rabu (11/10/2017) menetapkan seorang pria dianggap melakukan perkosaan jika ia berhubungan seks dengan istrinya yang berusia antara 15 dan 18 tahun.
Ketetapan itu merupakan keputusan bersejarah yang akan membawa perubahan pada jutaan pengantin cilik perempuan. Batas minimal usia perempuan India yang diizinkan menikah adalah 18 tahun.
Undang-undang India mengatur berhubungan seks, bahkan atas dasar suka-sama-suka, dengan seorang perempuan yang berusia di bawah 16 tahun akan dianggap sebagai perkosaan. Namun, sebelumnya ada pengecualian hubungan intim antara seorang pria dan istrinya, yang berusia antara 15 dan 18 tahun, tidak dianggap sebagai perkosaan.
Perkosaan dalam pernikahan tidak dianggap sebagai kejahatan di India. Pemerintah mengatakan kriminalisasi perkosaan dalam pernikahan akan mengganggu pernikahan itu sendiri serta membuat para pria mudah mengalami pelecehan oleh istri-istri mereka.
Mahkamah Agung, Rabu (11/10/2017), menyatakan usia dewasa adalah 18 tahun untuk “semua tujuan” setelah pengadilan tertinggi itu menggelar persidangan atas permohonan yang diajukan Independent Thought.
Independent Thought adalah sebuah kelompok nirlaba yang berupaya menjadikan hubungan seks dengan istri di bawah umur sebagai aksi kejahatan.
“Hubungan seks antara pria yang menikah dengan istrinya yang berusia di bawah 18 tahun adalah tindakan perkosaan,” kata pengadilan dalam putusan yang dikeluarkannya.
“Putusan itu membantu upaya meningkatkan gerakan nasional ‘Beti bachao dan beti padhao (Selamatkan anak perempuan dan didiklah anak perempuan, red),'” kata Vikram Srivastava, pengacara Independent Thought kepada Reuters.
Namun demikian, putusan MA pada Rabu itu tidak akan berlaku surut.
Pengadilan mendasarkan putusan tersebut pada Undang-undang Larangan Pernikahan Anak-anak India.
Kendati ilegal, pada praktiknya pernikahan anak-anak sangat mengakar di India. Faktor-faktor seperti kemiskinan, penegakan hukum yang lemah, norma sosial patriarki serta kekhawatiran soal kehormatan keluarga kerap dituding sebagai penyebab pernikahan dini.
Pernikahan di India dianggap dini jika pengantin perempuan berusia di bawah 18 tahun atau pengantin pria di bawah 21 tahun. Laki-laki berumur di atas atau di bawah usia legal itu diperbolehkan menikahi pengantin cilik perempuan.
Sensus tahun 2011 di India menunjukkan bahwa pernikahan anak-anak telah sedikit berkurang dibandingkan satu dekade sebelumnya, namun lebih dari lima juta anak perempuan masih diikatkan pada pernikahan sebelum mereka berusia 18 tahun.
Lebih dari seperempat perempuan India yang berusia antara 20 dan 24 tahun mengatakan mereka menikah sebelum berumur 18 tahun. Seperlima laki-laki dengan usia antara 25 hingga 29 tahun mengatakan mereka menikah di bawah umur yang diizinkan. Data-data tersebut tercantum dalam laporan baru-baru ini yang dikeluarkan Komisi Nasional Perlindungan Hak-hak Anak dan yayasan Young Lives.
Kendati telah melancarkan upaya untuk memberdayakan anak-anak perempuan dan perempuan dewasa serta memperberat hukuman, India masih menjadi salah satu dari 10 negara dengan tingkat tertinggi kasus pernikahan anak. Selain India, negara-negara lain yang masuk dalam daftar tersebut antara lain Burkina Faso, Chad, Guinea, Niger dan Sudan Selatan. (kabar24.bisnis.com)
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