Linking rape to marriage can be considered 'excessively harsh' & 'disproportionate', submits MHA, opposing a batch of petitions seeking to criminalise marital rape in India.
In ‘Who is Equal’, senior Supreme Court lawyer,Saurabh Kirpal, seeks to untangle legal inequalities prevalent in our country in different sectors such as marriage, education, employment, and more.
Dowry Prohibition Act makes exception for gifts given to bride at marriage, and rules have been laid down for making of such lists. Allahabad HC last week stressed importance of the act.
Tabled in Uttarakhand Assembly, Uniform Civil Code Bill also recommends uniform marriage age for men & women across religions. Scheduled Tribes have been excluded from its ambit.
Court made strong remarks as it rejected bail plea of woman accused of abetting daughter-in-law's sexual abuse at the hands of her son, saying she 'played equal role as other accused'.
Petition filed by four members of queer community lays out arguments against SC’s 17 October verdict which held that right to marry was not fundamental.
FIR against 36 villagers on Charkhi Dadri court orders, 4 yrs after daughter-in-law filed police complaint. Court also sought probe on whether there was dereliction of duty by police.
An Andhra man claimed his partner was ‘illegally detained’ by her family. Andhra Pradesh HC, however, dismissed his petition on the ground that he was still married to another woman.
Sardar Swaran Singh stitched uniforms for Army chiefs, supplied to UN missions, and catered to Shah Rukh Khan during Fauji. He has been stitching uniforms since he was 15.
Trump threatening to pull the trigger might be just what is needed to wake up India’s self-congratulatory establishment from its headline-managing fantasies.
Vij, I dont buy the argument of misuse of laws as a justification to help rapists hiding at homes. All Laws are misused by everyone men, women and even the government. But still they are needed and most convictions happen after due application of evidence. False cases should attract a heavy penalty. And it is not just US but almost all countries have marital rape criminalised including Israel and Russia where rape in marriage is considered same as rape outside it.
The framework of marriage, family and child upbringing can all go up for a toss if rapists are not prosecuted. A wife who is regularly beaten and tortured for sex, forced to abort babies, filmed, asked to imitate degrading and insulting porn, drugged for rape etc by her husband has no way to prosecute her husband for this henious crime of marital rape. You are not thinking from the perspective of the women who is being raped in her marriage. The marriage system will surely collapse if women do not get protection from rape in it.
shameful journalism to satisfy masters throwing bread to you .doubting indian core values will ensure you perish with mental disease . all your efforts to destabiluise indiua will end in vain . this country is protected by selfless service of Rishis and Munis . shame on your jjournalism.
Divorce is getting more popular and now and is the more correct mechanism to address all issues including dowry etc. Why can women who get troubled for dowry not divorce their husbands and go home? The system is designed to incentivise bullying by both sides. Every womans family must introspect if they truly love their daughters and if their daughters feel safe returning in case of bad choices.
Indian men are expected to earn and supply money and resources no matter what. They lose their autonomy at the alter too. To claim otherwise is hypocrisy and victimhood.
Women should move out of the house if they think they are / will be raped. Equality has gone out of window in the current era of woman feminism. There are several Laws used by woman to falsely implicate men and this lady wants to add more to that. Stupidity disguised as intellectualism.
For people worried about evidence gathering for marital rape, I have only one advice please let your grey cells expand a bit and read laws of other countries that criminalize marital rape.
The whole context of the marital relationship is taken into account before prosecuting someone as per US laws.
Rape is the greatest abuse of the sanctity of marriage. If you want to protect marriages criminalise rape in it. Promoting marital rape only helps rapists hiding at homes.
It is definitely abuse to sanctity of marriage. There are no two opinions on it. And no one is promoting it. But can we compare usa and Indian marital and justice systems. Does the current status where criminal charges are used to harass family, extract money and remove access to children for flimsy grievances and to settle petty scores add to sanctity of marriage. Formulating things on paper and studying their actual use and ramifications on society is need of the hour. It is humbly requested that the author visit the nearest local court, talk to people, lawyers, police and judicial staff to understand how litigation affects the marital tie, family and most importantly children. Societal stability hinges on balance and judiciary is rightly concerned if it is upturned. The framework of marriage, family and child upbringing can all go up for a toss if you merely copy laws from usa, without due consideration. A rosy future where people shop at sperm banks, frozen eggs, surrogates and there is state support, corporate market for single parenting, awaits when sanctity and benefit of marriage is belied.
This is in reply to Mr. Vij’s comment.
The points you have raised are very much valid. In fact, I believe, the court raised these points in it’s verdict. However, these issues will be lost on someone like Ms. Taranjeet Kaur. She, quite clearly, lacks the grey matter required to understand the nuances of the situation.
While principles stated are laudable, please tell us what are the standards of evidence that have to be met for successful prosecution. Especially when time lapses after the alleged event. How should the state intervene in the homes and bedrooms? How should it investigate? Should there be medical evidence? How and when should the withdrawal of consent be intimated, communicated and recorded? Or should we take women solely based on their words because they are the fairer sex ?
Vij, I dont buy the argument of misuse of laws as a justification to help rapists hiding at homes. All Laws are misused by everyone men, women and even the government. But still they are needed and most convictions happen after due application of evidence. False cases should attract a heavy penalty. And it is not just US but almost all countries have marital rape criminalised including Israel and Russia where rape in marriage is considered same as rape outside it.
The framework of marriage, family and child upbringing can all go up for a toss if rapists are not prosecuted. A wife who is regularly beaten and tortured for sex, forced to abort babies, filmed, asked to imitate degrading and insulting porn, drugged for rape etc by her husband has no way to prosecute her husband for this henious crime of marital rape. You are not thinking from the perspective of the women who is being raped in her marriage. The marriage system will surely collapse if women do not get protection from rape in it.
shameful journalism to satisfy masters throwing bread to you .doubting indian core values will ensure you perish with mental disease . all your efforts to destabiluise indiua will end in vain . this country is protected by selfless service of Rishis and Munis . shame on your jjournalism.
Divorce is getting more popular and now and is the more correct mechanism to address all issues including dowry etc. Why can women who get troubled for dowry not divorce their husbands and go home? The system is designed to incentivise bullying by both sides. Every womans family must introspect if they truly love their daughters and if their daughters feel safe returning in case of bad choices.
Indian men are expected to earn and supply money and resources no matter what. They lose their autonomy at the alter too. To claim otherwise is hypocrisy and victimhood.
Women should move out of the house if they think they are / will be raped. Equality has gone out of window in the current era of woman feminism. There are several Laws used by woman to falsely implicate men and this lady wants to add more to that. Stupidity disguised as intellectualism.
For people worried about evidence gathering for marital rape, I have only one advice please let your grey cells expand a bit and read laws of other countries that criminalize marital rape.
The whole context of the marital relationship is taken into account before prosecuting someone as per US laws.
Rape is the greatest abuse of the sanctity of marriage. If you want to protect marriages criminalise rape in it. Promoting marital rape only helps rapists hiding at homes.
It is definitely abuse to sanctity of marriage. There are no two opinions on it. And no one is promoting it. But can we compare usa and Indian marital and justice systems. Does the current status where criminal charges are used to harass family, extract money and remove access to children for flimsy grievances and to settle petty scores add to sanctity of marriage. Formulating things on paper and studying their actual use and ramifications on society is need of the hour. It is humbly requested that the author visit the nearest local court, talk to people, lawyers, police and judicial staff to understand how litigation affects the marital tie, family and most importantly children. Societal stability hinges on balance and judiciary is rightly concerned if it is upturned. The framework of marriage, family and child upbringing can all go up for a toss if you merely copy laws from usa, without due consideration. A rosy future where people shop at sperm banks, frozen eggs, surrogates and there is state support, corporate market for single parenting, awaits when sanctity and benefit of marriage is belied.
This is in reply to Mr. Vij’s comment.
The points you have raised are very much valid. In fact, I believe, the court raised these points in it’s verdict. However, these issues will be lost on someone like Ms. Taranjeet Kaur. She, quite clearly, lacks the grey matter required to understand the nuances of the situation.
Madam,
While principles stated are laudable, please tell us what are the standards of evidence that have to be met for successful prosecution. Especially when time lapses after the alleged event. How should the state intervene in the homes and bedrooms? How should it investigate? Should there be medical evidence? How and when should the withdrawal of consent be intimated, communicated and recorded? Or should we take women solely based on their words because they are the fairer sex ?