Marital rape cannot be criminalized: Govt.

Now, marital rape cannot be criminalized as siad by government. They want it to be excluded 4m IPC as marriage is considered a sacred in India.

Ah..this came in newspaper today 😆

well.. I somewhat understand the MHA's stance on this. Although it is imperative to remove the marital law exception from the IPC, we, I think have to look at the facts as well..

In our social milieu, it is hard to prove a marital rape. The country for most part comprises of families where marital rape is nothing of an "issue" or it does not even become a point of conflict. Infact, most women don't even let their parents know about such incidents unless it is visibly threatening her life or something of that sort. Marriage here, is an institution that is attached to a social bearing of a social being(woman especially). So such cases never go outside the bedrooom. There are instances where woman withdraws her complaint if made...due to numerous social pressures. And not to forget, the economic dependency of women on the man she's married to. Parents mostly do not support their daughter if she's willing to leave the man.. And so on.

In the Indian context, criminalising marital rape would come into interface with many social issues like the very mindset of people that consider marriage as a sacrament, other social /religious customs, etc.

BUT my belief is that it should be criminalized.. Customs, beliefs, provability, etc can be dealt with as cases come forward. We have our mighty judiciary to deal with such issues ❤️

But I really wonder what or how the legislature would define "marital rape" in INDIAN context. It doesn't seem to be happening now anyways :(

^Lekin isse to ladke especially married ladke faayda uthaayenge by saying dat they can do wateva they n its not a crime. Most of d husbands r jerks who only thinks abt their pleasure.

Originally posted by: angel_juhi04

^Lekin isse to ladke especially married ladke faayda uthaayenge by saying dat they can do wateva they n its not a crime. Most of d husbands r jerks who only thinks abt their pleasure.

Faayda uthane wale zaroor aisi harkathein karenge.

But making such an amendment is not as easy as you and I can speak. Warna govt ko kya Milne wala hai aisi issue IPC se baahar rakh ke?

There are many societal intricacies involved. Religious/social customs, beliefs and even laws. I'm sure some Hindu laws, Muslim laws etc that i am unaware of. But I do know that marital rape is not considered as rape in many religions/community. There are men that see sex as his right with the wife. I also remember there was a law making sex the right of a spouse or something of that sort. Sorry if I'm mistaken 😆

I'm not aware of the legal challenges against the criminalising marital rape. That is, if there are any legislations that challenge the criminalityof marital rape.. It's true that once there is a law it would pave way towards striking down meaningless religious/social customs. But if it was so easy, we'd have had the law!

I'll read about the challenges against inclusion of marital rape in IPC and let you know.

Criminalized or not cant the woman walk out of that kind of marriage?

I have a question. Martial rape is a crime as per IPC 498a, DV or IPC 354. Thus marital rape as a crime is already dealt with. Why another law is required to deal with marital rape?

Originally posted by: maha2us

I have a question. Martial rape is a crime as per IPC 498a, DV or IPC 354. Thus marital rape as a crime is already dealt with. Why another law is required to deal with marital rape?

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Originally posted by: angel_juhi04

^Lekin isse to ladke especially married ladke faayda uthaayenge by saying dat they can do wateva they n its not a crime. Most of d husbands r jerks who only thinks abt their pleasure.

I dislike and somewhat am offended by 'most husbands are jerks' statement a bit too.No hard feelings, but there are always n number of people taking advantage of some loopholes all the time.
We first need to make sure we have some method which can deter a rape from consensual sex between spouses..else there will be a lot of women taking unfair advantage of this especially when the divorce laws too are biased towards women.

Originally posted by: Angel-likeDevil

Faayda uthane wale zaroor aisi harkathein karenge.

But making such an amendment is not as easy as you and I can speak. Warna govt ko kya Milne wala hai aisi issue IPC se baahar rakh ke?

There are many societal intricacies involved. Religious/social customs, beliefs and even laws. I'm sure some Hindu laws, Muslim laws etc that i am unaware of. But I do know that marital rape is not considered as rape in many religions/community. There are men that see sex as his right with the wife. I also remember there was a law making sex the right of a spouse or something of that sort. Sorry if I'm mistaken 😆

I'm not aware of the legal challenges against the criminalising marital rape. That is, if there are any legislations that challenge the criminalityof marital rape.. It's true that once there is a law it would pave way towards striking down meaningless religious/social customs. But if it was so easy, we'd have had the law!

I'll read about the challenges against inclusion of marital rape in IPC and let you know.

Actually according to islam Excess Domestic Violence gives Women the Right for Khul...as in Divorcing herself from her husband for any reason and still have some Financial rights Over him and According to Islam The Husband is Guilty.

But the Problem for many women is,of any religion,They don't want to have divorce from their Husband cause the "Society" doesn't except it...also many of them choose to keep mum and Endure everything Silently...these women should wake up and Demand Justice from the Laws...and Lets see if Any Govt. Can Deny them.