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Thread: Marital Rape - Should be Criminalized or Not ?

  1. #1

    Marital Rape - Should be Criminalized or Not ?

    Controversial


    I was reading lots many views in favor and against .......


    Posting few links which I have read :


    In Favor -


    http://www.independent.co.uk/news/wo...-a6762331.html
    http://www.livemint.com/Politics/b6H...-in-India.html
    http://www.bbc.com/news/world-asia-india-32810834
    http://www.thehindu.com/opinion/op-e...cle7298898.ece


    Against -


    http://akkarbakkar.com/to-all-of-you...luded-you-are/


    I am just curious what JL thinks about it .

  2. The Following User Says Thank You to rekhasmriti For This Useful Post:

    hrdhaka (March 20th, 2016)

  3. #2
    कहना क्या चाहते हो?
    Dream is not what you see while sleeping. Dream is that which won't let you sleep

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    hrdhaka (March 20th, 2016), ssgoyat (March 14th, 2016)

  5. #3
    Quote Originally Posted by rakeshsehrawat View Post
    कहना क्या चाहते हो?
    फेवर आले चार लिंक गेरे हैं, आर अगेंस्ट में एक.... तो इनके विचार तो न्यू से..
    If someone has to kill you, he has to beat you first.

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    hrdhaka (March 20th, 2016)

  7. #4
    If getting the divorce certificate is made as easy as getting a marriage certificate, then it can be criminalized. Till then, I will view most "men" feminist's comments as their attempt of seducing women to bed rather then their attempt of eliminate gender bias.

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  9. #5
    Against mei jab ek hi link mila toh ek hi share kara ......aur hai toh aap share kar do .

    What I wanna say ......hmmm......I am only curious about JL opinion on the subject .....simple

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    hrdhaka (March 20th, 2016)

  11. #6
    Quote Originally Posted by rekhasmriti View Post
    Controversial


    I was reading lots many views in favor and against .......


    Posting few links which I have read :


    In Favor -


    http://www.independent.co.uk/news/wo...-a6762331.html
    http://www.livemint.com/Politics/b6H...-in-India.html
    http://www.bbc.com/news/world-asia-india-32810834
    http://www.thehindu.com/opinion/op-e...cle7298898.ece


    Against -


    http://akkarbakkar.com/to-all-of-you...luded-you-are/


    I am just curious what JL thinks about it .
    Media today compile .. what it can easily sell in market ... They make masala and sell...
    No faith in Media then why discuss...
    Only thing we should think can we file case against media who defamed the JAT community to sell its masala...

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    hrdhaka (March 20th, 2016)

  13. #7
    Attention Seekers and Best Sellers Media .......understood .

    I do not how many actually been through links and read stories of victims ( may be hyped stories ) .

    Even if these stories have any shred of evidence which is true .......then it is horrible .

    We all criticize Rapists and do candle march for Rape Victims ......however in such cases we tend to " Judge " those Wives / homemakers and pass the judgement without even knowing what has happened .

    ( One of my fav movie dialogue - " They judge me before they even know me ")

    Rape Trauma is Rape Trauma - its magnitude can not adjusted whether it happens in a relationship or outside .

  14. #8
    Article taken from (with further inputs) http://mynation.net/voice/maritalrap...RE...%3A%3A%29

    Strange defending women rights; and comparing with Failed Domestic violence, as Supreme Court itself called it as tool of Bargain.
    With Marital Rape, Feminists want to give more rights to women, showing all men are Rapists and come home Drunk. In India Marriage by far is the only way for most of the men to have sex.

    Such is the biasness If a wife go out of marriage and have sex. The husband can only file for divorce. That too if he has solid proofs. But again, he’ll be counter attacked with Dowry harassment case, Domestic Violence case, Maintenance case (Yes, you’re liable to maintain not just the women but the illegitimate kid also). And after years of battle still he’ll have to shell out huge alimony.

    If a man goes out of marriage and have sex, he’ll be put behind bars. And again divorce case from wife and huge alimony.
    We all know, Globally and not just Indian women use sex as bargain tool to get things done and Blackmail or demand from husband.
    If Marital Rape law is made and implemented as Criminal offence then most of the men will be in jail, as Women will go to Police immediately after consented sex and complain that her husband raped her….

    Now that’s the challenging part in implementation of this law as with the Rape law. How can a man prove it was a consented sex and not forced one?

    It up to reader to guess what happens next….

    No Feminist will give guarantee of no misuse of this law, because it will be misused more than used. Women organizations are failed make money from Domestic Violence act because for women it is difficult to prove their false allegations, so judiciary found out there are more false cases than genuine one.

    No wonder Men will be forced to seek the pleasure outside. Most likely someone else’s wife. As prostitution is not legal. Divorce rate will be doubled; and Men will lose faith in Marriage. Just like Japanese men’s and there will be another lakh more false cases just like IPC 498A (Dowry law) and Domestic violence every year.

    If these women organizations demand Marital rape to be make Criminal law then Men also need protection and support, they demand punishment for false marital rape case and it should be valid reason for divorce with default maintenance from Women and also same Punishment for denying sex without reason. FOR SURE NO WOMEN ORGANISATION WILL AGREE, to dig their own grave.
    If someone has to kill you, he has to beat you first.

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  16. #9
    Biggest loop hole ....hard to get evidence if there is marital rape .

  17. #10
    No, I think that statement of woman under oath, FIR and medical examination should be enough provided everything goes well at the time of cross examination of the woman.
    Quote Originally Posted by rekhasmriti View Post
    Biggest loop hole ....hard to get evidence if there is marital rape .
    Last edited by ygulia; March 23rd, 2016 at 06:00 PM.
    Yoginder Gulia

  18. #11
    May be .....actually read some legal opinion about Rape Cases Trail where it was mentioned forensic evidence
    plays a critical part .


    - Marital rape will not happen in isolation, there will be a history of violence and physical abuse,
    and will fit into the larger picture of domestic violence. We have to look at it from that perspective .


    - Arguments against criminalising marital rape focus on forensic evidence, or the ‘lack of’ it.
    How can you prove that the act was not-consensual using DNA samples as evidence?
    The answer is in the judgment of Supreme Court in Sheik Zakir vs State of Bihar, case,
    where it ruled that the absence of a medical record would not be of much consequence if the other evidence on
    record is believable.Timely medical examination can differentiate between consensual sex and forced sex.


    http://www.thenewsminute.com/article...ngly-set-40468


    Please do read this one :


    https://www.quora.com/Why-isnt-marit...ian-Penal-Code


    Interesting part :
    - Oh if 498A is not enough now our Indian Women want this.
    - What if a man falsely accuses another man of theft by hiding the stolen asset in his the accused room. Oh my God. His life is ruined!


    Remove Burglary as a crime


    Remove profiling of suspicious people in terrorists because Muslims should not be discriminated even if he wrote blogs in favor of ISIS. (This is no way condoning innocent muslim men being tortured.)


    Remove Arresting a person for murder because many men and women are falsely accused, After all he/she is dead anyway, why bring justice to a dead body.


    You don't see anybody talking like this right? Only regarding women's laws men get so frustrated.

  19. #12
    Marital rape do happen in most of the Indian household but law is not a solution. Hardly any women report such incident to even her family and accept this as fate. It is social problem. Man think his right of see after marriage and women become his toy. There is lack of respect for women sentiment. Any law in this regard would become a tool of exploitation and harassment of innocent same as dowry law. Dowry is given and taken in every marriage but dowry law is invoked only when there is Marital discord over premarital relation lack of adjusting, over expectation ego problem or other reason. No women shall invoke law unless she want nullification of marriage

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  21. #13
    It would be better if there is gender sensitization and moral education and society play role in discarding evil and wrong behaviour. The society must discourage any violence against women and women should b given more say in personal life

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    rekhasmriti (April 8th, 2016)

  23. #14
    Marital rape is a situation when two person are united but want to share feelings as per their single comfort, however, it always need to be consented. This situation might help to continue one's relationship with the sacrifice of women's desire and easiness to accept it the way it was given to her or it might ignite her on the grounds of DV Act if man pretend to be physically robust and force his lady to go under trauma due to suppression by inlaws and relatives to indulge into sexual relationship which infact should be out of love bonding developed between two.

  24. #15
    Quote Originally Posted by neel6318 View Post
    Marital rape is a situation when two person are united but want to share feelings as per their single comfort, however, it always need to be consented. This situation might help to continue one's relationship with the sacrifice of women's desire and easiness to accept it the way it was given to her or it might ignite her on the grounds of DV Act if man pretend to be physically robust and force his lady to go under trauma due to suppression by inlaws and relatives to indulge into sexual relationship which infact should be out of love bonding developed between two.
    waise mujhe yaad aaya, ki main kuchh bhi bolun to soch-vichar ke bolun. kripya aap isse likha hua hi matter padh ke apne family ke tarike chalaiyega. ye to meri personal soch hai jo maine aapke aage rakhi. so, do not hesitate to ignore it if you do not like.

  25. #16
    Quote Originally Posted by ssgoyat View Post
    फेवर आले चार लिंक गेरे हैं, आर अगेंस्ट में एक.... तो इनके विचार तो न्यू से..
    Saral si baat hai, agar pyar-prem se do bacche ho gaye to teesre ke liye tayyar ho jao DV Act lagwane ko. Yun to baat samajh nahi aati, main hi march ahead karun kya?

  26. #17
    Quote Originally Posted by neel6318 View Post
    Marital rape is a situation when two person are united but want to share feelings as per their single comfort, however, it always need to be consented. This situation might help to continue one's relationship with the sacrifice of women's desire and easiness to accept it the way it was given to her or it might ignite her on the grounds of DV Act if man pretend to be physically robust and force his lady to go under trauma due to suppression by inlaws and relatives to indulge into sexual relationship which infact should be out of love bonding developed between two.

    In addition, it is very difficult to get it into action of law and order as years ago in 1990's an Engineer qualified woman reported FIR for same at one of New Delhi Police Station to take it to the notice of court. But the biggest misfortune was that, she was raped by police men of that station taking advantage of that helpless woman. She went into trauma and was under care of parents then. Even, advocates do not have good eyes on their client. It is very difficult for a suffering victim. Talking law and order is like you have confronted to be stronger in your freedom of being individual. Also, one would not be able to judge the kind of fun being made of their personal relations, specifically of spouses. Parties only tend to keep their chin high with personal social status. Otherwise, truely speaking these two places are also worst like any other bad place. This was a strong belief of my Grandfather and history repeated in my opinion after observations. It is better to visit a doctor for any counselling rather than taking any sympathetic support of any Police/Lawyer.

    My grandfather is one of great kind, who had solved all his village issues taking responsibility on his shoulders during his tenure of Sarpanch. I keep my search for one like him everywhere I go. Even a single deed of any make me feel satisfy that "Yes he is around, somewhere for goodness". I do not want to name any, but I have met him personally who carries similar traits. I always bow down with gratitude even if you prove that person to be an enemy.

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