Pages

Thursday 30 April 2015

Marital Rape: Do we really need a fresh law?

By Sumit Nagpal

Nonsense! This was the response I got from a Supreme Court lawyer when I was tweeting against the demand for having a law to deal with what is called marital rape in India. I was a bit amused to see the other responses. Someone said that I am a chauvinist who supports marital rape and someone even responded by saying I am ignorant to the fact that it does exist. But if I am against the idea of a separate law to deal with marital rape, it doesn't automatically means that I condone it or I am supporting what is termed as marital rape, neither I am a person who is ignorant to the fact that marital rapes is a reality around the world. I am of the firm opinion that it should not be called marital rape but it should be termed as cruelty and NOT rape.

Marriage under Hindu law is a sacred where conjugal relations are the very essence of the relationship. If a spouse leaves the other the spouse has a right to file a case for restitution of the conjugal rights. And what are normal conjugal rights? It means having normal mental and physical relationship, procreation and living a happy married life. A happy married life means mental and physical bonding between both the spouses and each spouse can have a reasonable expectation from the other that he or she will get both physical and mental pleasure. Now if a wife is saying no to have sex with the husband, she is exercising her right to have sex on her own will on the one hand, she is also denying to her husband what may be considered as a normal expectation from his side. So in case the husband forces his way on her, does it mean he should be sent to jail for getting what he is otherwise legally entitled to get? Certainly no is the answer. (When I say "legally entitled to get", it means a man's entitlement to conjugal rights and not entitlement to rape. Have been forced to add this line because of a willful misinterpretation by someone who wanted to play mischief.)

Nobody on this earth can deny that desire to have sex a natural desire and men have every right to fulfill it in a happy married life. Imagine a lady denies sex to the husband or rarely allows him to have sex. What should a man do? He can’t go out to have sex with any other woman because to have sex outside the marriage is the first ground for divorce under Hindu Law. So you deny him sex at home, law doesn’t permit sex out of marriage and a man has no recourse available to satisfy his natural urge. 

Indian law is heavily tilted in favour of women. Even I have seen gross misuse of section 498A of the Indian Penal Code, I have still never written for removal of this law. I know how this law comes to the rescues of many women who genuinely suffer on the hands of her husband and in laws. The question here is whether 498A can only deal with cases of dowry related issues? The answer is No. Over the years, Supreme Court has expanded the definition of cruelty. Now it includes cases where the husband doesn’t have sex with wife for a long time. This extended definition makes me wonder that when not having sex with the wife can be covered under the definition of cruelty, why it can’t cover cases where the husband is trying to have forcible sex. Problem with applying 498A in what is called a marital rape case is that there is a general perception that 498A applies only to dowry related issues. But I will not be surprised if tomorrow some judge of the Supreme Court or the High Court gives an interpretation that 498A includes marital rape by husbands.

In any rape case, consent is the criteria for deciding the guilt and the protection to husbands under Section 375 of the IPC is silent on the issue of consent. But can’t it be reasonably presumed that marriage is itself means that a man and a woman are consenting to conjugal relationship? I don’t, even for a second, mean that men have a license to force themselves on wives the moment they get married but it is true that a man can have a reasonable expectation from his wife when it comes to sex. And when there is consent for conjugal relationship, it cannot be termed as rape but at the most one can say that it is an act of cruelty which should be dealt with under Section 498A of the IPC.

When I say Indian Law is heavily tilted in favour of women, I say it because I have seen numerous cases of abuse of law. The recent statistics show that Indian men are committing suicide because of the harassment meted out to them because of false dowry and rape cases. Do men get compensation if they are acquitted of false rape/dowry cases? No. Then how can we think that we will be doing justice if we create one more law to deal with marital rape? As explained above, Section 498A of the IPC can deal with these cases on the criminal side and Domestic Violence Act can deal with the situation on the civil side. A women can have shared household under Domestic Violence Act, can go for legal separation if she wishes, get maintenance if she is unable to maintain herself financially. Existing laws can deal with all the situations which may arise due to the cruelty. 

I have no hesitation in saying that the demand for having a separate law is creation of feminist minds who want to see husbands in jail for having a reasonable expectation from his wife. As there is a famous saying “marriage is the price men pay for sex, sex is the price women pay for marriage” one should accept the hard reality and should not attempt to create a law which will be misused 100 times more than the legendary Section 498A of IPC. If a wife is being subjected to forcible sex, let her file a case under 498A or seek protection under Domestic violence law or file for divorce. Merely creating more misery for men will not help the institution of marriage, rather it will be a great injustice to women as the gross misuse of the law will trivialize the entire issue and genuine victims will rarely get relief. 

30 comments:

  1. Nice.. Spread the word.. People who have not faced the brunt of such laws think it is fashionable to talk in faminist terms.

    ReplyDelete
  2. Nice.. Spread the word.. People who have not faced the brunt of such laws think it is fashionable to talk in faminist terms.

    ReplyDelete
  3. Thanks for sharing such a nice information. Keep posting !!!Law firm Delhi

    ReplyDelete
  4. Every country has own law system it is necessary for all because law and legal activities stop the crime. Before making a big mistake criminal are afraid so law system does protects our city or country. In India lots of laws and systems are available like Intellectual Property Law, Commercial Litigation Law and Corporate Lawyer India every law protect our country rules and regulations.

    ReplyDelete
  5. Its really nice. Thanks for sharing this creative article. Any one need family lawyers or lawyer in china you may follow: Shenzhen Lawyer

    ReplyDelete
  6. Its really nice. Thanks for sharing this creative article. Any one need family want any types of help contact muskan.
    donation for rape victims

    ReplyDelete
  7. Thanks for the post!
    Rules of the Bar Council of India preclude any Firm from providing information about its practice areas or expertise on the web."
    For more information please feel free to write to us at Top 10 law firms in india

    ReplyDelete
  8. Thanks for sharing informative blog. Few Things You Should Know visit here :
    Lexsolicitors Law Firm


    ReplyDelete
  9. Nice.. Spread the word.Thanks for sharing this creative article.
    Marriage write for us

    ReplyDelete
  10. Nice,
    Satta King has turned into a veritable brand to acquire more cash in only a brief span. In this manner individuals are so inquisitive to think about the procedure of the game. Here we have brought a few systems that will help you in understanding the best approach to acquire cash by the Satta King

    ReplyDelete
  11. First Indian Detective Agency is a Delhi based Private Detective Agency in Delhi, India with ISO Certified Company. with 100% privacy for more information, you can visit First Indian Detective agency in Delhi.

    ReplyDelete
  12. https://www.blogger.com/blogger.g?blogID=7049001180590570861#editor/target=post;postID=7024560076120436501;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=2;src=link

    ReplyDelete
  13. Ngoc Tuyen Computer Company specializes in receiving the best liquidation of high definition systems in Vietnam

    Thanh lí dàn nét
    Lắp đặt phòng net
    Máy tính chơi game

    ReplyDelete
  14. Did you hear there's a 12 word phrase you can communicate to your crush... that will induce intense emotions of love and instinctual attractiveness to you deep inside his chest?

    That's because deep inside these 12 words is a "secret signal" that fuels a man's instinct to love, worship and protect you with his entire heart...

    ====> 12 Words Will Trigger A Man's Desire Instinct

    This instinct is so built-in to a man's brain that it will drive him to try harder than ever before to take care of you.

    Matter-of-fact, triggering this mighty instinct is absolutely binding to achieving the best possible relationship with your man that the second you send your man a "Secret Signal"...

    ...You will instantly notice him expose his mind and heart for you in such a way he's never expressed before and he'll see you as the only woman in the galaxy who has ever truly appealed to him.

    ReplyDelete
  15. We always enjoy your articles its inspired a lot by reading your articles day by day. So please accept my thanks and congrats for success of your latest series. We hope, you should published more better articles like ever before..
    SunPro+

    ReplyDelete
  16. An eye opening information. Thanks for writing on this topic. Readers can also know about the ESR laws in the below links.
    Economic Substance Dubai
    Economic Substance Regulations Dubai
    ESR Compliance in UAE

    ReplyDelete
  17. /Best Facebook ads company in hyderabad
    Today,emblix ranging from SEO to Web Design, Social Media Marketing and more, to a broad spectrum of clients from diverse industry segments. Through a well-oiled combination of Quality Solutions, Transparent Pricing, helping brands connect with customersEmbli

    ReplyDelete
  18. Thanks for sharing this this article. please check our website for all new article. Accounting firms in dubai

    ReplyDelete
  19. Very informative article. Thanks for sharing this article. please check our website for all new article. Auditing Companies in Dubai

    ReplyDelete
  20. Thanks for sharing this article. please keep sharing article like this. also you can check our website for all new article. Bookkeeping Services in Dubai

    ReplyDelete
  21. This comment has been removed by the author.

    ReplyDelete
  22. Đá Mỹ Nghệ 35 là đơn vị cung cấp mẫu lăng mộ đá chất lượng hàng đầu hiện nay:

    mộ đôi đẹp

    lăng thờ đá

    đá mỹ nghệ

    Hotline: 0912.984.468

    ReplyDelete
  23. Heiße Österreicherinnen und erotische sexkontakte in ganz Austria finden sich mit Hilfe einer tabulosen Community ganz einfach. Auch in deiner Stadt suchen heiße Sexdate Singles und tabulose seitensprung Menschen spannende sexkontakte, die nicht abgeneigt sind einen OneNight Stand zu erleben. Für ein erotisches Abenteuer muss man nicht in Wien wohnen. Bei der Seitensprung Sexdating Börse findest du schnell dank des PLZ Filters heiße Sexkontakte Singles und hemmungslose Menschen zum fremdgehen aus deinem Umfeld. Aber auch nach sexuellen Neigungen und Vorfreuden kannst du dir dein Sextreffen organisieren und planen. Immerhin geht es bei uns nicht nur um die große Liebe. Machen wir uns nichts vor, viele heiße Singles sind glücklich und einfach nur auf der Suche nach einem erotischen Abend. Ein Treffen zum Ficken und Spaß haben! Selbstverständlich kannst du dich auch auf dich selbst verlassen und dich einzeln durch die Vielzahl der Profile klicken. Die meisten User haben ein Profilbild. Oftmals mehr als heiß und erotisch, als bieder und verdeckt. Da fängt der Abend schon mit einem live Porno an, den du mit der Webcam gerne auf deine ganz eignen Bedürfnisse abstimmst. Wir stellen dir die Technik, was du daraus machst ist deine Sache. Nutze zum Beispiel die Funktion der Videobotschaft. Offenheit und Freizügigkeit werden darin groß geschrieben. Nicht selten zeigen die geilen Österreicherinnen dir direkt, was der sexy Körper zu bieten hat! Da wird dir warm ums Herz, egal ob früh am Morgen oder am Abend. Erotische Österreicher und Österreicherinnen gibt es in rauen Mengen. Tabuloses Singles die das Abenteuer suchen genauso wie heiße Mädels und starke Männer, die an einer festen Beziehung interessiert sind. Nutze deine Chance auf einen Seitensprung, auf einen geilen Quickie in der Mittagspause oder einen Abend im Swingerclub. Tabulos und Hemmungslos, das sind die vorherrschenden Eigenschaften in Österreich. Überzeuge dich selbst, es gibt nichts zu verlieren. Auf diesem freizügigen und rein Österreichischen Sexdates und Seitensprung Portal erwarten dich die schärfsten Mädels zwischen Wien bis Salzburg um dich für einen tabulosen Seitensprung oder zu einem heißen Sexdate Swinger Club Besuch zu daten. Das Beste ist, hier kommst du gratis rein und bekommst sofort Zugang zu der riesigen Kontaktbörse. Schneller ficken kommst du in diesem Leben nicht mehr an ein erotisches Abenteuer zum fremdgehen.

    ReplyDelete
  24. https://fishermanswifefurniture.blogspot.com/2015/09/friday-update-09182015.html?showComment=1623483655294#c9098992782527049069

    ReplyDelete