Enough of calling it rape

Morana thumbnail
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Posted: 11 years ago
#1
Marital rape doesn't apply to each n every case of husband forcing himself on wife (legally wedded of course ), there are clear legal indications . It sets my teeth on edge when I see such a huge n sensitive term like rape is being used to describe the situation in the promo or precap. If any one wants clarification , I'll be more than happy to share the legal knowledge , which is part of my course btw.
But please do not call it rape, or rape attempt , or pretending to rape, etc., do not use the word rape, BECAUSE THE TERM RAPE DOESN"T APPLY EITHER LEGALLY OR SOCIALLY TO THIS SITUATION. We can call it husband forcing himself on wife, morally it is rape , but not legally, n not socially, so better to avoid the term altogether. )

From Legal journals- ( any body can ask any lawyer for the verification of facts )-

Advancing well into the timeline, marital rape is not an offence in India. Despite amendments, law commissions and new legislations, one of the most humiliating and debilitating acts is not an offence in India. A look at the options a woman has to protect herself in a marriage, tells us that the legislations have been either non-existent or obscure and everything has just depended on the interpretation by Courts.

Section 375, the provision of rape in the Indian Penal Code (IPC), has echoing very archaic sentiments, mentioned as its exception clause- "Sexual intercourse by man with his own wife, the wife not being under 15 years of age, is not rape." Section 376 of IPC provides punishment for rape. According to the section, the rapist should be punished with imprisonment of either description for a term which shall not be less than 7 years but which may extend to life or for a term extending up to 10 years and shall also be liable to fine unless the woman raped is his own wife, and is not under 12 years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to 2 years with fine or with both.

This section in dealing with sexual assault, in a very narrow purview lays down that, an offence of rape within marital bonds stands only if the wife be less than 12 years of age, if she be between 12 to 16 years, an offence is committed, however, less serious, attracting milder punishment. Once, the age crosses 16, there is no legal protection accorded to the wife, in direct contravention of human rights regulations.

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Can also read this very interesting article- http://blogs.wsj.com/indiarealtime/2013/03/26/why-india-allows-men-to-rape-their-wives/

Rape is gross punishable legal offense , however marital rape is still not under the criminal offenses , or legally punishable. In fact , Indian law gives validity of husband-wife seeking sex from each other by the legal definition of marriage.

I know it's just sick ! 🤢 But as long as our law doesn't change , better not use a word as heavy as rape, because it'd be incorrect use here.

Also nowadays rape is a burning issue n highly discussed n disputed every where , so a very very sensitive issue as well. We shouldn't decrease the importance of the word by using it casually or lightly or in a legally incorrect way.

That's why my humble request. Hope you guys will understand me. 😳

I'm sorry if I hurt any one. Was just trying to share information. 😕


Edited by Bamonforever - 11 years ago

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ddsoaps thumbnail
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Posted: 11 years ago
#2
I am glad you shared this article...👍🏼


Barbiedoll_sona thumbnail
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Posted: 11 years ago
#3
oye buddy it's ok...i guess after friday's episode no one will call it as a rape...it's quite cleared that he is doing this all purposely that he have to faithful about promise ...he just wanna scare her ..so she will keep distance from him...as per promo ..i think..cvs had done this all just to grab it's veiwers attention...nothing gonna happen..after all it's a hindi daily soap,,,...hope cvs will show lead's face off...it's too illogical that husbund and wife had not seen each other yet... 🥱
BinKuchKahe. thumbnail
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Posted: 11 years ago
#4
Thank you so much for sharing this. Being a law student, I was going to write something on this issue but glad you did!
Sia889 thumbnail
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Posted: 11 years ago
#5

Originally posted by: Bamonforever


This section in dealing with sexual assault, in a very narrow purview lays down that, an offence of rape within marital bonds stands only if the wife be less than 12 years of age, if she be between 12 to 16 years, an offence is committed, however, less serious, attracting milder punishment. Once, the age crosses 16, there is no legal protection accorded to the wife, in direct contravention of human rights regulations.

-------------------------------------------------------------------------------

Can also read this very interesting article- http://blogs.wsj.com/indiarealtime/2013/03/26/why-india-allows-men-to-rape-their-wives/


I know it's just sick ! 🤢 But as long as our law doesn't change , better not use a word as heavy as rape, because it'd be incorrect use here.

Also nowadays rape is a burning issue n highly discussed n disputed every where , so a very very sensitive issue as well. We shouldn't decrease the importance of the word by using it casually or lightly or in a legally incorrect way.

That's why my humble request. Hope you guys will understand me. 😳

I'm sorry if I hurt any one. Was just trying to share information. 😕





At last some one has got this topic here.. so my thought pal.
Thanks for enlightening us on the law perspective of it👏


the R- word is a very harsh one.. can use an alternative may be 'assault' 'dishonoring' one's dignity or forcing oneself on the other.. its basically something taht the adults without mutual consent (one of them).. be married or not (age matters). wanted to raise this during the Promo thread.

Its a sensitive issue..and I am very sure that the makers dn't intent to promote it, but still I have no clue why they are so obsessed with the idea of putting Tara gal in so much stress...(only my POV..concerns me)

Edited by sankalp_prapti - 11 years ago
sarunarshi72 thumbnail
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Posted: 11 years ago
#6
i agree with u. Tfs this info. Its only fair that we watch the epi 1st before jumping to conclusions.
Sakuu thumbnail
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Posted: 11 years ago
#7
thanks for the info hun!
Though i do find this law flawed, if a person is not consenting, fir I think it shouldn't matter if they are married or not. Marital rape should imo be a crime.
But coming to the epi, I don't think he'll force himself on her, at least I don't hope so. I believe hw wants to scare her, but there are better ways to go about it than pretending to rape her, how will she ever understand him now? Abhi to aur time lag jae ga
.. i do hope that they see each other, or atleast he sees her
theloupgaroux thumbnail
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Posted: 11 years ago
#8
I dunno why everyone was calling it a 'rape attempt' in first place and so I didn't even respond to those topics. 🤔 He didn't even do anything as of yet in the promo. But this is a good post, Moni. Thanks for this. 🤗
MOTHERHOOD thumbnail
Posted: 11 years ago
#9
Marital rape is the worst form of rape.
Because the rapist does not get punishment as he is the husband.
Sex without consent is rape.
And the wife's consent also matters.
It may be legal but it is not right.

girlTalks thumbnail
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Posted: 11 years ago
#10
Thanks for the detailed explanation and yes it is pathetic that marital rape does not come under legal jurisdiction.😡😡
Now coming to the promo , the intention of the promo is to make it look like a forced se* attempt from MJ's side at least I can't make any thing else of it .
The definition of rape is (courtesy oxford dictionary)

the crime, typically committed by a man, of forcing another person to have sexual intercourse with the offender against their will.

Isn't that exactly being shown in the promo??
The definition significantly says crime committed and in the promo all the things are pointing towards that only.I guess that is the general idea which every one has got and that is the reason the word rape is being rampantly used to describe the promo.
you can't blame us as I sincerely believe this was actually the intention of the promo and it was definitely meant to create buzz.

Having said that I haven't found a single post by any member of this forum who thinks that he will continue the attempt.All of us are very very clear that he is doing this only to scare her off.
I also very strongly believe that every one here knows how gruesome, inhumane and cruel rape actually is.

How ever I agree that all of us can reach the consensus of not glorying the word rape itself by not using the said word in our posts.

Sincerely hoping that you understand my point.

Love
Saba

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