“Is sec 498(a), 357 (a) of IPC enough with the minimum jail-term of 3 years for sexual harassment that takes place within the ambit of marriage? Or, should there be a recognizable law to recognize "marital rape" in India?"
SEXUAL HARASSMENT or violence on women is an issue taken on the judicial as well as on political base for a big public debate. But when sexual harassment takes place within the ambit of marriage, is there any recognizable law to record that horrendous crime?This bizarre yet daggering data will surely get goosebumps on your skin which we've had come across from the recent NCRB reports is that in every single year in India more than 4000 women beaten to have forcible sex in their marriage lives, more than 40 times of domestic violence and physical torture is faced by women in India. And, a survey of NCRB also reveals that 1 of man in every 5 men accepted that they push their wives for forcible sex in India.
Can somebody answer...Is marriage a license of sexual abuse in India? India has had been continued to abandon the need of recognizable law on MARITAL-RAPE, and it still continues to do so.
Before having any presumptions and asumptions, let us understand what really called as "Marital-Rape"- “Marital-Rape” is a rape which takes place within in the marriage and the alleged culprit of the crime is victim’s spouse. Definition of Rape is- a forcible sex takes place without the agreement of another person or partner. Meaning of “Rape” did not changes either you add another word before it or not, it stays same. The heart-wrenching stories and cases of women who suffer such horrific sexual experiences in their married life, have sadly no LAW in our country to at least recognize this horrific crime.
By giving some abhorrent statements on “Institution of Marriage” some veteran and renowned lawyers and ministers of nation have denied the fact that marital-rape can be something on which a specific recognizable law needs to be made.
Certainly, the names include “Advo. Ram Jethmalani” who has said, “Marriage is the sacred belief in India and we can’t add Rape word in it as it obstructs the values of Indian culture and traditions”. Chairman of Standing Committee on Home Affairs, M Venkiah Naidu in Parliamentary panel debate said that leaving scope of wife to accuse her husband of rape “has the potential of destroying the institution of marriage”. Does Indian values give permission and allows such gory incidents to continue happen in India within their so-called “institution of marriage? \What really our nation’s ministers call forth?
Out of 200 countries around 104 countries have accepted this cruel happening that takes place within the marriage, and has also consitutionally named as "Marital-Rape". What really perturbs us is the most disturbing reason which parliamentary session states on this grave issue. Some politicians say, referring marriage as a sacred belief; rape word could pollute certain values and assumptions regarding the term “marriage”.Our parochial approach in understanding the institution of marriage limits under certain derelictions and traditional values precisely what we embrace in our country.
The prime point which we need to get in this issue is about an individual’s autonomy which is being denied by not having passed the "Marital-Rape" as a recognizable law in nation. It's certainly an individual’s choice of having sex or not. One’s own choice and one’s own rights plays a crucial role under country’s constitution which indeed needs to be preserved.
“Institution of Marriage” does not state or resemble the words like force, dominance, cruelness or violence. If it is being reckoned as “sacred", it should maintain its certain value and limit as when it crosses its boundaries of sacredness and humanity, it turns into a state of hostility. The patriarchal thinking and norms regarding marriage which perhaps obstructs with an intervention in criminalizing law against an inhumane activity should not neglect the reality and act of barbarity.
As for fears who thinks the law can be misused, so in that concern one should keep in mind that it does not interpret that law shouldn’t be made on such grim CRIME which has not yet, absolved as “CRIME” in our country. Therefore, before considering marital rape under the category of Anti-rape laws of Justice Verma Committee, everyone needs to understand and should accept that it does happen. Indeed, married or unmarried, an individual’s choice and autonomy of having sex should be respected and should be maintained.
Regards,
SpeakForShift
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