Marital Rape Can't be a Crime in India - Maneka Gandhi

Those of us who have been through rough time in relationship in India could attest that DV act is a joke. It is a great way to demean a woman and does nothing to help the victim. Very few cases get justice.

 

ABSOLUTELY. It must be criminalized. Educate people. If they won't learn, punish them for their crime. Hopefully they might learn.

 

My views are based on What I read in papers .The last time a Minister talked about this issue,it was mentioned that this is right now dealt under DV act.Unfortunately I am very bad with searches...specially something in the newspaper.

Your views are based on actual work with victims.
I accept your views and stand corrected.

True...but not just under privileged and uneducated women,but also educated financially independent ones. DV and rape in marriage are common in these sections too but victims rarely want to come out of these marriages.

 

Not saying should be....but that they are presently dealt under DV act.This is also based on what I read about in papers last time a minister was asked on the issue.

I am not saying the law in not required but just thinking aloud why it is not being made into a law when so many other progressive laws have been passed by successive govts. The reason is that it is not black and white like Sati law.Sati is murder .

Marital rape has different shades.

While rapes with violence are clear.

Even consent given under stress or fear is rape under the law.

A wife giving consent because she fears denial will result in long term passive aggressive behavior is also rape.

A wife staying quiet because she is financially dependent on the man and denial would result in economic hardship...this is also rape.

A wife staying quiet because there are children sleeping in the same room and she doesn't want to embarrass or distress them...here too it is consent under some pressure or fear.

The fear of abuse of law is real in India because of the reality of abuse of other such laws.
It is a reality that the lawmakers and law enforcers face in India . Wish it was not so.

True..making laws will help...but making the law with few loopholes would help more because often the real cases are often delayed under the pile of false cases.

I am just assuming this is one of the reason for the delay in bringing up this law because it is a concern shared by the judges in recent times.I hope it is a reason because this is easier to sort out than the reason given by the minister .That reason will take far longer to overcome.The society takes far too long to change .

I did read up on The Menaka G statement from different sources.It seems her personal views are quite different from the ones given by her. If that is the case...then it is really sad because it means it reflects the views of the Govt .

I do believe the law makers have to be a few steps ahead of the society. If this is indeed the case ,then really sad because I do believe the law makers and the higher judiciary has been quite proactive on woman based issues in recent times and this is a major disappointment .

My view on this is that this issue needs too be discussed not just in society but in parliament too and laws made after plugging all possible loop holes . If required ,give more teeth to present laws till the law makers do something.

In the long run....education and upliftment of women is the answer..But then one hears of women who are financially independent and but still living in hell marriages .May be when divorces are more easier on women,things will change.

 

No one can disagree.

No one can trivialize rape.

What I was saying about, was not an act of forced sex on wife admixed with so much of violence and abuse. Needless to say, this violence has to be condemned.

I was saying about a quickie, where wife just 'lies down' with an otherwise understanding man, while herself not in mood. No question of violence or abuse involved.

 

Nowhere ,that I am aware of , is having sex even though you are not in the mood classified as rape. You might not feel up to it but you have the choice of saying, no, not now and having that choice honoured by your partner. Or you can just go along with it because you even though your not in the mood, you want your partner to be satisfied or not. This can go for both men and women. The key component here is choice.
If on the other hand your partner does not take your choice into consideration , then the partner is not ensuring your consent and overruling your no. And this steering into rape territory.
Another thing is that many people do not believe men or boys can be raped and sexually assaulted and legally I think only sodomization is a punishable crime.
I do understand the comments somewhat, there seem to be two extremes, either the importance of sex is exaggerated as in **** or blue film, or it is all rather hush hush, unspeakable.
Very rarely is there a healthy middle ground, on which such topics such as respect, consent etc in regards to all sex need to be discussed.

 

I cannot believe I am reading this (and please re-read what you wrote that I highlighted- are you really so naive to think rape is participation in sexual activity when not in mood???). Seriously???? No wonder marital rape is not recognized broadly in India even among the so-called educated. That is truly a sad state of affairs.

A so-called understanding husband will not rape his wife. A woman cannot really have a relationship with a man who rapes her even if that man is a husband. To so callously and dismissively say "single or two instances of having to participate in sex with the husband with wife in no mood for it " is not rape just shows how little you understand the atrocities some women face on a frequent basis from the man who is supposed to love and cherish them. You need to educate yourself on this issue before you are so dismissive about other people's problems.

 

I was thinking the same when I read YM's post. Words matter and DV seems a somewhat lesser crime than rape. When rape within marriage is called DV, it somehow undermines the severity of crime. Just like sexual harassment or molestation, in my opinion should not be called "eve-teasing". "Teasing" at least to my mind conjures a playful image and there is nothing playful about being groped or sexual harassed.


Rape and child molestation are two biggest blights that humans are capable of and should have the gravest punishment. It leaves a scar on one psyche- not just the victim but even the family. As a society and in judicial system, it should be treated as such and punished accordingly. I am sure there are so many women who endure marital rape and do not even realize their have any recourse for it. Education for men and women is so important.


Note: I do want to make it clear I am taking about rape not the example of participation in sexual activity when not in mood. I feel it is important to make that distinction.

 

Rihana, I am missing the previous silent government than this vocal government with the PM making higher claims and uses street language and the ministers are making stupid comments. Vijay Mallaya leaves the country with 7 bags and the FM comments "well congress allowed quattrocchi to escape". Where is 9000 crore rupees and where is 64 crore rupees? Again the court didn't find any evidence in the Bofors case.

I am not surprised by the statements of Maneka. But her very reasoning provides enough reasons that we should definitively have such laws.

Agree with @Gauri03 that separate crimes needs separate laws and separate punishment.

@yellowmango The state of Media and Judiciary has deteriorated over the years. Earlier these used to be much respected and parents encouraged their children to pursue them. So we had exemplary intelligent people in these professions. Now the parents want their children to be engineer, doctor, CA, etc. so now the bottom of the barrel goes in this profession. Media glorifies cases of abuses of women laws because they are eye-catching and gives more TRPs. Have they reported any cases or stories where the law has helped?
With all the shocking judgments being passed around (famous politicians and celebrities acquitted of serious crimes) do you believe that the judges expressing concerns about the abuse of the laws against women are honest and not influenced by special interests? The dowry law was recently diluted by the court because it started affecting some politicians.

All laws should have severe consequences for false accusation. In fact the consequence should be stricter than the punishment for the crime itself.

So I don't agree with Maneka Gandhi.