Episode 595 Discussion: 9th June 2014, Monday - Page 8

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Krinya thumbnail
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Posted: 11 years ago
#71
@Leela, well, u never know, this is what they r trying to show..that no law protects a woman from marital rape, that it's legal in India and it should change..although, i dun understand what purpose it will serve...but like i said, a woman CAN file a divorce case against her husband on this basis..


or may be, they will not give this much thought to it and show anything ..like they did in Bhai's case and 4 phera shadi..
Edited by _charu_ - 11 years ago
minu_8 thumbnail
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Posted: 11 years ago
#72
Charu, I dont disagree with you.. I am basically saying the same thing.. from any angle I dont see a redeeming point in the current story.

Leela,
I dont have much knowledge on the legalities or the trp audience taste... but I dont think it really matters much... dont you think audience knows the lagal system as shown in films or tv is rubbish or desire to see on screen what cannot happen in reality? tv or films show people getting convicted for bizzare reasons with the trial held in even more ridiculous fashion and people getting aquitted in an even more ridiculous way... No trial in films or tv is ever realistic... i feel the audience is very well aware of this..

I have seen fair number of shows until a few years back and I dont remember general audience ever accepting a rape... or favor a rapist and condemn the victim... so their knowledge of whether marital rape is legal crime or not is irrelevant... these two were not shown like a married couple at all... so a force under such circumstances even the audience will perceive it as rape... even if they were truly married it WOULD be rape..
Remember kyunki saas... Ansh rapes his wife.. that was used as the high point of the show... as a way to show ansh's true face to tulsi... an act heinous enough for tulsi to murder her son... And audience was thrilled with that

Edited by minu_8 - 11 years ago
leelaa9 thumbnail
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Posted: 11 years ago
#73
Minu, there are two factors in this situation.
And both have been proven several times over in terms of majority-audience viewership-reaction.
Marital rape is provenly not considered an unforgivable by a huge majority in viewership terms - neither the attempted, nor the actual deed. Both have been shown in several serials.
The female lead's popularity always rose considerably by her immediately deciding to cover it up for the sake of either her family or his family or both. The male lead's remorse seems to be mass-appreciated with the wife simultaneously becoming gentler and no longer confrontational.

And the latter example you mentioned, he was the other guy coming in between the popular couple.

Whereas when Padmini was used as a spokesperson to denigrate RK who mass-audience wanted as the male lead of the popular couple, Padmini ended up with her role scuttled.

If the pairing is popular, they are forgiven everything. Or rather, the male lead's misdeeds are condoned, and the female lead's not, but they are expected to reconcile and remain together.

Every factor that might cause a hindrance in this is ignored or sufficiently aversely reacted to in terms of unexpressed opinion and switching the channel during relevant portions that it becomes unaffordable to continue on that path.

Supporting characters are expected to gloss over anything which might separate the popular lead couple.
Supporting characters who try to separate the popular lead couple and don't soon backtrack find their own mass-popularity eroded.

Edited by leelaa9 - 11 years ago
Poluk thumbnail
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Posted: 11 years ago
#74

Originally posted by: leelaa9

Charu, the problem here is that they are claiming that she'll be going after him for marital rape, which is not legally considered rape.
The wife actually does not have the option of punishing him for taking her against her will, attempted or otherwise.
It's an ongoing endeavour, but even developed countries took ages on this one.

JM only has the option of domestic violence law - not that her husband was wrong to force consummation on her, but that he injured her in other ways during the process.

So legally their great plan to show JM proving that wives have the right to refuse conventional consummation to the husband - it's a mess.
If any women see it and assume it's actually true, they will further find that not only is it not true, law will protect them from physical cruelty but not from the husband's 'rightfully' getting consummation.

Most people who may watch may be unlikely to verify the actual legal options, while making an assumption from the track's confident misleading surging.

If JM tries to legally punish him - not for other injuries but for consummating with her against her wishes -, it will be on basis of a law that does not exist in this country.


Leela, I actually know a lot about this topic. The practical position is like this:

1. Husband has no legal right to consummate. Max he can apply for restitution of conjugal rights in the court which is a paper decree with zero value. The court cannot enforce the decree even if in favour of the husband.

The court will have to order the husband's arrest in the next 10 minutes if he actually tried to force himself after getting this decree as domestic violence would become applicable. This route is used only when wife is living separately or asks for a divorce and husband wants to save himself from paying heavy alimony,.

2. Domestic violence includes both physical and mental torture. Cruelty or using snide remarks during relations is also covered. So forceful consummation will fall under the same. though it will technically not be called rape, the punishment would still be there. In fact the provision of bail would be missing which is applicable in the case of rape. Section 492 A entails only non bailable warrant. (Dowry + domestic violence - both are applied together in most cases)

3. there is another Act called protection from Domestic violence where even if a woman suspects that something like this can be done, she can straight away apply to the magistrate and a protection officer will be appointed. The husband will be ordered not to even come near her place.

4. Women/wives are not helpless under India legal system. Believe me it is the husbands who are helpless and bechaare. We have the most biased legal system in the world when it comes to domestic violence.

5. Therefore, even if the act is not called rape legally, it still entails all the required punishments. It is not the law that is lacking. It is the social pressure that is a deterrent.

CVs cannot explain these technicalities to the general public so they are simply calling it rape, something they will instantly understand. If it had been a real case in a real court then the sections under which Raja would have been booked would have been the correct ones. This is layman's language that is being used.
Edited by Poluk - 11 years ago
leelaa9 thumbnail
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Posted: 11 years ago
#75
Shruti, I do understand the technicalities perfectly.
But marital rape law is being sought because most husbands don't go getting a court decree.
And if the husband does consummate by force without any other injuries, then the wife's every option depends on anything except the fact that she refused consent.
Any protection to the woman is dependent not on actual law but on every person representing law in the situation placing her wellbeing as priority. That is not really a reassuring norm.
And marital rape is not in itself a crime. The wife's consent to consummation is not even remotely inviolate. There was hope that the law would be changed last year, but it hasn't yet.
The current situation means that the woman's consent matters less than the domestic violence aspect, which addresses only as much of the threat as she would face from any platonic relationship.

And the problem is that even the most worthy speech needs an at least slightly commensurate audience.
Here they are pushing on something which most of the majority-audience is consistently eager and willing to forgive so that they can see the couple's immediate reconciliation and their loving track as they grow closer in tenderness.

Tracks on attempted or actual marital rape invariably succeed from the couple reconciling without exacerbating the matter.
So we'll have the salt of consistent track-failure added to the injury of a law that is not yet existent.

This should either have been an actually existent law.
Or it should have been an issue that majority-audience would care enough about to watch and keep the track from crashing closed - not an issue they have proven many times they consider as a hindrance in the lead couple proceeding promptly with their mutually devoted and loving story.

Instead, the CVs have put themselves in the position of showing what they think is very interesting, without considering whether enough crores of people will think of it as their preferred daily half-hour entertainment TV-series, especially in the face of options that are most of them far more suited to the mass-audience's viewing tastes and thereby getting far more viewership even before this mess.

Edited by leelaa9 - 11 years ago
Krinya thumbnail
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Posted: 11 years ago
#76
exactly Shruti..case koi bhi ban sakta hai...if not rape then domestic violence, the charge does not matter , the guilty should be punished..however, proving the charges in court takes years and the case lingers on, all this is different frm what its shown on TV
Edited by _charu_ - 11 years ago
Krinya thumbnail
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Posted: 11 years ago
#77

Originally posted by: minu_8


Remember kyunki saas... Ansh rapes his wife.. that was used as the high point of the show... as a way to show ansh's true face to tulsi... an act heinous enough for tulsi to murder her son... And audience was thrilled with that


that's the best example we can get..Ansh was an out an out brutal villain ..while Raja, being a villain cannot be hated ..its not like audience forgave them for unwedding, the show tanked after that...and ye wala toh pehle se hi khai mein hai ...ye pagal CVs kab sudhrenge 🤢 rather, sudharne ki zaroorat kya hai..🤢
minu_8 thumbnail
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Posted: 11 years ago
#78

Originally posted by: _charu_


that's the best example we can get..Ansh was an out an out brutal villain ..while Raja, being a villain cannot be hated ..its not like audience forgave them for unwedding, the show tanked after that...and ye wala toh pehle se hi khai mein hai ...ye pagal CVs kab sudhrenge 🤢 rather, sudharne ki zaroorat kya hai..🤢



Exactly charu.. that is what I meant... ususally writers take this route for villain...
why go to such extremes with the hero? is there a dearth of ideas?? why such extreme negativity and brutality? Fine these maybe issues happening in society... but was MB the show to deal with this??
Why couldnt we just have a decent story instead of this huge gamble?
bcbs_srk thumbnail
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Posted: 11 years ago
#79
Left India as teenager and being a sheltered daughter and wife never had the purpose of researching about legalities of domestic violence . Thank you guys for opening my eyes and sharing all the information. Now I am really interested to know how the story is going to turnout now.

Krinya thumbnail
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Posted: 11 years ago
#80

Originally posted by: bcbs_srk

Left India as teenager and being a sheltered daughter and wife never had the purpose of researching about legalities of domestic violence . Thank you guys for opening my eyes and sharing all the information. Now I am really interested to know how the story is going to turnout now.

even i didn't know..i was shocked to read the law..marital rape is legal..there is no term such as marital rape..

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