Why marital rape is no offence?


I came across certain views through media contributing to the opinion that marital rape is no offence. The reason given in support of such an idea was that this measure disrupts the very institution of marriage. What forms an offence is the very act of rape, and this has to be taken as such irrespective of the fact whether it is just a rape or a rape marital in nature. Why rape element should lose its gravity simply because it is marital. It means in other words that the married people are given a licence to torture their partner in any manner they like. There are men who commit numerous brutalities against their spouse claiming it to be their fundamental right misusing the sacred bond of marriage. There are solemn commitments exchanged between wife and husband at the time of their marriage, which practice is followed almost by all religions in the world, and all such commitments are of the nature of mutual trust between the two taking a vow to serve each other faithfully in all the matters all their life, they even take a vow to be and remain faithful to each other for the next seven births of theirs in the universal cycle. Where is the question of any one of them torturing the other? Love is caressing, it can’t assume any kind of brutality on the part of either husband or even wife. Love gives no scope to rape, and if physical relationship is exploited on that count, it is no love at all. In all fairness, if some husband, or in certain exceptional cases, even wife too, indulges into coercively harsh an act, the need is to treat it as an offence punishable in terms of the law applicable in the rape cases.

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13 thoughts on “Why marital rape is no offence?”

  1. there is a commitment among the husband and wife to cooperate in every day life even in sex but if it is rape, then there is no love. the much we get from the media the more are the cases in the news moreover these cases are from the uneducated class mostly. the educated ladies as well gents are enjoying their life happily.as I have not come across any such incident among my friends circle male as well as females. Sir you have very rightly given the relationship of husband and wife in your blog and I salute you for this educational thought. thanks.

    Raj Kumar Negi

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  2. As yes, a delicate question. Yet a society that makes arranged marriages, might likely expect a certain amount of lovelessness?

    While marriage offers up certain vows. I can certainly imagine either party in an arranged relationship, not living up to those vows? Even those marriages that start in love, can end badly. Arranged or not.

    Sex is frequently used as a tool, to gain an advantage in human society. So why should it be expected that people in marriage, do not use it. Either as a predator, or as a type of bargaining chip. As remote as it seems, even a woman can demand sex in marriage.

    To abuse the other partner in marriage. Whether an arranged marriage or not. Is neither right nor just. Like anything else, in society. Abuse of trust. Poor temper management and all of the other human vices. Are not conducive to a good relationship.

    So, all marriages takes work. Hard work by both parties. To rape the other person, should lead to divorce.

    For women who mostly live in an unequal society, it becomes just another burden they have to bear. It is no credit to the men, that use it to their advantage. Sometimes the result of over-indulgent parents? Who do not teach their sons that respect for others, is a precious thing.

    Whatever the causes. We live in a world society that is selfish and self-serving. With few rewards for the majority of honest hard-working people. Other than the satisfaction of being able to know in their hearts. Of love that is measured out, is returned in kind.

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  3. Rape is forced sex – full stop – even when committed within a marriage. I think most right thinking people will agree to this.

    The next step is – it is not always easy to “prove” and is subject to “abuse” by vindictive parties – whether the “victim” or by people surrounding the “victim”.

    Torture is something else and needs to be addressed quite separately. Though all rape is tortuous, not all torture is rape.

    The focus, in policing and judicial circles, seems to be physical torture because physical trauma is obvious. Psychological trauma can be just as devastating – without any readily obvious signs.

    It is a pity that because the subjects are complex – when we try to address some, we cannot address all.

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  4. SIR, THERE IS A GENERAL BELIEF THAT THE HUSBAND CANNOT BE GUILTY OF A RAPE COMMITTED BY HIMSELF UPON HIS LAWFUL WIFE, FOR BY THEIR MUTUAL MATRIMONIAL CONSENT AND CONTRACT, THE WIFE HATH GIVEN HERSELF IN KIND UNTO THE HUSBAND, WHOM SHE CANNOT RETREAT. NOT SURPRISINGLY, THUS, MARRIED WOMEN WERE NEVER THE SUBJECT OF RAPE LAWS. LAWS BESTOWED AN ABSOLUTE IMMUNITY ON THE HUSBAND IN RESPECT OF HIS WIFE, SOLELY ON THE BASIS OF THE MARITAL RELATION. PRESENT STUDIES INDICATE THAT BETWEEN 12 TO 15% OF MARRIED WOMEN ARE RAPED BY THEIR HUSBANDS.

    MARITAL RAPE, ONE OF THE MOST HUMILIATING AND DEBILITATING ACTS, IS NOT AN OFFENCE IN INDIA…. REALLY AMAZING… SECTION 375 OF IPC READS “SEXUAL INTERCOURSE BY MAN WITH HIS OWN WIFE, THE WIFE NOT BEING UNDER 15 YEARS OF AGE, IS NOT RAPE.” IT MEANS, ONCE THE AGE CROSSES 15 YEARS, THERE IS NO LEGAL PROTECTION ACCORDED TO THE WIFE, IN DIRECT CONTRAVENTION OF HUMAN RIGHT REGULATIONS. I AM IN FULL AGREEMENT WITH YOU THAT THE MARITAL RAPE, IRRESPECTIVE OF AGE, SHOULD BE TREATED AS AN OFFENCE PUNISHABLE IN TERMS OF LAW APPLICABLE IN THE RAPE CASES.

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  5. To torture someone emotionally or physically is something inhumane…be it within a marriage or outside.The term marriage doesn’t give the right to anyone to exploit and harass the other one. Many instances are there where women remain quiet in such situations of crime because of their helplessness,responsibility towards family, vulnerability,even love .For every human has many facades to his nature and character and not a single person on earth is perfect…For a man wth great qualities ,a few bad ones are usually absorbed…this is the truth. Also if in cases there are cases of real marital rapes happening,there are cases where some few women dnt hesitate to blame and criticize her family and husband for their own selfish ends. If in such situation a law is passed,such few cases of teh misuse of such laws will also become predominant,as it is in the case of the anti dowry law. Real victims laid their lives and went unnoticed,but the ones who gt sufficient gain from such laws where the ones who harassed their husbands and their in laws for the sake of extracting money and other needs of luxury. Before passing a law it should be ensured properly that misuse of these powers should be made to harass the innocents.

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  6. Rape is a Rape even if we change the terms .Forced marriage in the Arab world in Latin America is a Rape.When a woman says NO it means No.Interesting post.Thank you for liking my post ( Knowledge ,time Money.) blessings and respect.jalal

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