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License To Rape?

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Marital Rape final

Licence To Rape:As per Indian law, a man can violate his wife and not be held accountable, as marital rape is legally not a crime. The MoS for Home recently commented on the issue saying that marital rape can not be criminalised due to various factors that deem it a sacred institution. But just how ‘sacred’ is sexual abuse?

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  1. ItsJustMe

    It is not being made into a law because then it will become another over exploited law when it comes to divorces and even small domestic disagreements. Like 498A and 377. Yes marital rape is a problem, but it cannot be made into a law because our legal system preaches the code “even if 100 culprits get away, not one innocent should be punished”. And we have made many retarded legislation against this code and neither the government nor the courts want to add to the list of these handicapped laws.

  2. Monistaf

    Marital rape is legally not a crime?? Yes, it is excluded from IPC section 375 which defines rape in terms of a male perpetrator and a female victim. Have you read the domestic violence act of 2005, again defined in the same terms (Women can only be victims and men can only be perpetrators). Check page 60 of the DV act of 2005. The first Domestic incident report that can be filed by a woman is about forced sexual intercourse, which deals with marital rape. You can check it yourself here http://www.498a.org/contents/general/domesticviolenceact05.pdf. If you would like to illustrate gender violence that cannot be prosecuted under Indian Law, may be you should paint pictures of the many men and boys who suffer in silence the trauma of rape, sexual and domestic violence because, the laws clearly exclude the possibility that they too can be victims.

    1. Priya

      Whilst I agree that it is a disgrace that men are not afforded the same protections against rape as women are in India, as limited as they may be, the domestic violence act is far from protection against rape! Firstly it is a civil response to an act that should be criminal, secondly many women in India simply cannot afford to go through the lengthy (year upon years) long cases in order to bring their abuser to justice as a) it it economically unfeasible and b) the social stigma behind marital rape and divorce stops women from being able to voice their cases.

      Women in India are suppressed by patriarchy in India to a point where only criminalizing marital rape would help to break the shackles of patriarchy and be a step towards equality for both genders.

  3. TempleTwins

    Licence To Rape: As per Indian law, a woman can violate her husband and not be held accountable, as marital rape is legally not a crime, even when they are not related, women can still rape men and will not be held accountable.

  4. Pankaj

    This is not about marriage being sacred. Marital rape is a horrible thing. But as has been the experience with other pro-women laws like the dowry act and the domestic violence act, it is likely to be heavily misused to settle marital disputes. There needs to be a strong anti misuse clause and the law should be gender neutral so that both men and women have the right to say no.

  5. Jigsaw

    Do women have a licence to rape their husbands, boys, and men?

  6. Ma Mo

    Trust a bunch of male identified folk to appropriate commentary on violent acts of gender based violence and divert the course of discussion. There is no need to jump and defend all of male-kind. This is not the platform for that discussion. That would be like discussing violence against Brahmins when the platform is meant for a discussion on caste-based violence or white folks encroaching on discussions meant for violence against people of color. The author is condemning violence in general and highlights the gendered aspect, taking into consideration the male patriarchal privilege that governs law, as well as daily lives of Indian women. Nobody is saying that we should exclusively be talking about violence against women-but if you want to address other forms of violence- please find other platforms to do so- this discussion is about institutional, structural historically disadvantaged, patriarchal positions that inform political and legal action- it is not a personal attack on men-folk…so back of. Unless you have something to add that would be relevant to this powerful graphic depiction of women who could potentially be your daughters, sisters, wives or mothers and don’t even have the protection of ‘justice’ to look back upon to (in case you need to empathize to arouse any sense of identification at all). But that’s ok- the state will never provide protection to us, most young men will not admit to their privilege or give us support and the justice system will certainly never be blind to gender, caste, class or religion. This is something I read that puts matters into perspective- ” Apartheid was ‘legal’, Slavery was ‘legal’, Colonialism was ‘legal’ (and now, Marital Rape is ‘legal’)-Legality is a construct of the powerful, NOT of justice”

    1. ItsJustMe

      What kind of wonderland are you coming from. Marital rape is still a crime and women can still file a petition under domestic violence. This new law is being opposed because it just takes into consideration the statement by the victim because the only other proof is evidence of intercourse which is highly likely to be present in all married couple. So it becomes a woman’s word against – there is nothing against it, that’s all they have to do, testify in front of court and the husband will be thrown in jail. May be you should think about your brother or uncle or cousin, how he can be easily locked up for some silly fight with his wife. What a selfish, ignorant individual you are. Who are you to say we shouldn’t speak up against this propaganda by feminazis like yourself. You think all the cases filed against men including rape and dowry are by actual victims? You just want another win in a debate when there are peoples lives at stake here

    2. Kartik Das

      It’s covered under violence. Why is the legal system so scared to cover it under rape? Rape and violence get different punishments. If a woman is raped by her boyfriend, it’s equally difficult to prove, so why does marriage change things? Or are our law makers so naive as to think lovers don’t have sex out of wedlock?

    3. ItsJustMe

      Wow….you just agreed that it is illegal, but still instead of recognizing this video is an exaggeration and lies, you continue to ask stupid questions like these. Someone has posted the domestic violence act in a comment earlier. It is included in it because it falls under domestic incidents of violence against women. Doesn’t mean it is not recognized as rape. Now yes it is difficult to prove a case against the boyfriend as well, but apparently courts made a one sided law decades ago and never bothered to think that women will lie about rape too. The result is the large number of false rape accusations you see today. Now you want to add husbands to the list of victims? What exactly make you think women are not going to misuse this law? On another note the law is still in the pipeline and it is only rejected in its current form. I hope it will be implemented such that an accused need not prove his innocence even if there is no proof against him/her. Instead like all other cases it should be the accuser who should prove his case and accused is assumed innocent until proven otherwise.

    4. Kartik Das

      wow YOU just generalised the scene as lies! you think it is impossible that this can happen in a marriage? who is saying every woman is a saint when it comes to filing accusations? one is only saying the bloody option should be there! rest leave to the judiciary!! you have no idea what women face, nor the empathy or sensitivity to try and understand. maybe you should talk to the women around you and get to know the reality of seemingly small acts of cat calling, harassment amd sexism to find out how deep rooted the patriarchy is in india. GOODBYE.

    5. ItsJustNe

      Wow, there is nothing in my comment about anything you accused me of. However I pointed out some facts and you have no argument to make against it. I said these women can file cases under domestic violence act. Which still makes marital rape illegal in India. So thebloody title “license to rape” is an exaggeration and a lie. I did not say marital rape doesn’t occur or any such thing. You however wanted a come back and did not know a logical rebuttal to the point I made. So accuse me of lacking empathy is what you did. Still it doesn’t change facts. At least some law makers have the sense to make better laws than one sided ones unlike retards like you

  7. Batman

    Women like to withhold sex, and control it after marriage to treat their husbands like chattel.

  8. swati

    If people really think that men are more victim of marital rape then why they are against marital law rape instead they should fight to make gender neutral law.
    Many laws in India are being misused. Are law makers should stop making laws? No, what we need is an efficient judiciary system and police force. A country where police itself rape and loot its citizen, how the citizen will be safe?

    1. Pankaj

      Most women’s rights activists have opposed making laws gender neutral. Also this argument that many laws are misused does not hold. An accusation of rape is not like any other accusation. It totally stigmatizes the accused and his family. Also, since there is usually no physical proof of this crime, the case is registered based on the accusation by a woman. Hence it is very important that there should be a strong misuse clause. This is again something women’s rights activists have opposed.

  9. Kartik Das

    So bear in mind that causing injury to another human being is illegal by law, while you read the following: My enemy is an archer. While he/she is practising I go and intercept. Obviously I get hurt, but hey I’m broke, I need the compensation. Stinks of misuse of law? Hell yeah! Now you’ll go crying to the law-makers to abolish this law, because potential loonies like myself are willing to cause themselves harm and legal hassles just for some bucks? I’m talking about misuse of law, he/she may get off with lesser punishment because it wasn’t intentional etc.
    Let’s be clear – it’s a male centric society, women need to be empowered. The only way they will not hesitate to raise their voice against atrocity is if there is a law that protects them, the bad eggs notwithstanding.
    And as for women giving and withholding sex, you talk as if women have no sexual desires of their own.

    1. ItsJustMe

      Your point is completely valid, but the law itself examines evidence to make sure if the human being is actually injured by the accused. How would examining evidence work in case of marital rape? Evidence of sexual intercourse will be present in most married couple. So it is just the word of the woman in question alone. That is what this law is and that is why its anti constitutional. Because it is against the basic practice of examining independent and unbiased evidence. Evidence other than words of the accuser or the accused. Why would the courts want to make the same mistake as 377 and 498. Why should the woman’s word be assumed to be any better than a mans word in the court of law?

    2. ItsJustMe

      Male centric society? Are you kidding me? Tell me one opportunity denied to ladies by law, which is enjoyed by men? Dont give me bullsh*t about they can’t go out at night n stuff, because they can. This is not the 80s.

  10. Kartik Das

    Many countries have banned it. What’s stopping India?

    1. Batman

      Kindly make marital rape by wives illegal.

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