Saturday, 23 April 2016

Stop Marital Rape Bill


Marital rape bill is sneaking its head around the corner, as WCD ministry determined to seed incarceration of  Indian husbands under any circumstances where the spouse part away. Success for WCD minister has been flowing in thick & thins over creating draconian laws. The emotional outrage supersedes rationale & moreover the feminist & law enforcement agencies the biggest beneficiaries of any draconian law act in collusion to evolve with a marital rape law to completely decimate institution of marriage. 

No excuse will be accepted on pretext to safeguarding the interest of women in marital relationship. No lessons will be learnt from the badly drafted laws like domestic violence act 2005 & the most ill famous draconian law 498A, i.e cruelty by husband on wife . Needless to mention the biased nature of these laws where cruelty has been predefined as the proprietory of Husbands alone & its presumed that any act of female spouse in the relationship cant be cruel , whether its adultery or abusive wife of could be any other circumstances. Onus of peaceful marriage lies with husband alone irrespective of what soever be the circumstances. 

Marital rape is to be understood in most simplistic way as non consensual relationship made by husband on wife. Now the consensus will be purely acknowledged as wife's understanding of the physical relationship occurrence as mutual. However when the warring spouses have approached the law enforcing body its a common practice that Husbands have to face plethora of cases and criminal charges , Several Sections of indian penal code are invoked simultaneously or sometime subsequently to see the husband spends most of time behind bar. The Extortion becomes handy more the amount of harassment men undergoes. 

The draconian law of 498a successfully served the purpose for past  three decades. Several ill fated families lost their sons , to an extent that India became the hub of highest married men suicide across world. Every 8 min a married men commits suicide in India. However misuse of this law clubbed with other biased laws like IPC 406, 354, 377, 384 , 509 , 112 along with Sec 125 Crpc & DV act 2005 kept adding fuel to fire .

The Courts were quick to see through the conspiracy & concocted stories being enacted time and again. 498A lost its sheen in year 2014 where SC order implementation of  41 A Amendment enforcing restriction in automatic arrest of husbands in case of criminal cases .  

India is the only country across the world which has criminalize a marital relationship in the most draconian way.  The Law has lowest of conviction rate & highest amount of fake cases filled since inception . However safety of women is highlighted as paramount & even at cost of human rights the same needs to be established . 

The Legal extortion business has been loosing its edge as a crime with more than 7 years has become a dire need to automatically arrest husbands & what else can be better than conceiving a marital rape law.  Majority of 498A cases now also incorporate sec 354 A/B/C/D or Sec 376  on husbands father & brothers. but the edge in legal extortion could not be leveraged as Husband still cant be charged under sec 376 of rape law. Thus the necessity of Marital Rape Law emerges.  

If we look in to prevailing laws DV act criminalizes any sexual harassment of women, the same is criminalized under section 498A as well since any sexual abuse is cruelty as well. however both are ineffective in terms of getting husbands arrested & harassed for desirable terms . Section 377 also is frequently charged on husband for any claim of unnatural sexual offence which could be claimed by wife. Still an offence which sounds gruesome & can hold husbands behind bar needs to be explicitly defined & this leads to emergence of marital rape although multiple laws may exist for women safety.

Last year 181450 men have been arrested under the draconian law of section 498A & sooner the marital rape law evolves , we will have lakhs of husbands seen implicated as rapist.

When Marriage is considered as union of two souls ( mind & body both) . The marital vows are carried out in every religion about the submission & commitment of same . thus defying those vows mean a breach of trust in this relationship??.

The rationale behind Marital Rape bill is more emotional than sensible . Some data of national family health survey is being used to project the atrocities on women in marital relationship . However its an open secret that such studies are carried out by State departments only on women alone & men are not even considered as part of family.  The conceived notion is men cant undergo sexual harassment .

When our ministries are busy copying the laws on foreign land they forget that they have one ill fated law of 498A which no other country has and no other country criminalizes  marriage.  Even it turns a blind eye to 100's of country across world which recognize rape as gender neutral law & also defines sexual abuse on men.

With the hidden agenda of extortion imbibed in the system & plethora of biased law it would be foolish for men to expect a  gender neutral marital law .

What do men gain from Marriage ??
Men automatically gain all responsibilities of marriage & are entitled for all provision & protection of women  irrespective of women capabilities.

What are the implications if it fails ?? 
That's the real question whats their for men in marriage???

The answer is with emergence of marital rape you will get an assured jail term , will be recognize as deadly criminal offender, you can loose your job , hard earned money under maintenance laws & residence under domestic violence act. precious years of your life running from pillar to post around court rooms . or take a path of least resistance i.e suicide. In any case India tops that  chart. If you feel  your suicide will get you away be aware that the legal cases will still criminalize all family members implicated & the curse of marriage will survive even behind the gallows.

I leave this to every individual citizen to fight out another draconian law in making & Stop Marital Rape Bill  or see the end of Marriage as institurion.


Latest From the Blogger

Boxer Shorts VS Hot Pants

Indian Braveheart or Offender