Maintaining a balance in society is considered to be among the priorities of the governments, be it union or state government! All governments in India are trying to work in that direction, but only as per their convenience, satisfying their selfish desires, to say the least. As per the governments, female feticide (a hoax), is a factor which is responsible for disturbed(?) gender ratio in our country; but what about suicides of men, #StateSponsoredMurders?
Government is not ready even to listen to the agony of men in India; on the contrary, it’s trying everything to portray the state of women in India, as shown in its self propagated बेटी बचाओ, बेटी पढ़ाओ campaign!
As of now, all duties and rightful expectations from husband are codified in family and domestic violence laws! Duties of wife are either social understandings, implicit in culture, or a few outlined in some extreme judgments, like, ‘husband allowed divorce because wife wanted too much sex’. But these rare judgments neither help to create any obligations of wives, nor in protecting men from domestic violence or abuse. As result, wife is left with rights only, without any duties.
In our country, law making is driven by tragedy or emotional arguments. Criminal Law (Amendment) Act, 2013, which inserted new sections 354A, 354B, 354C and 354D IPC; and The Juvenile Justice (Care And Protection of Children) Act, 2015, are just to name a few. Every time feminists have been succeeding with their motive; now, once again they are giving current to some emotional arguments; this time crying to criminalize ‘sex in marriage’.
Nowadays, word ‘RAPE’, is more of a strategic tool, because whenever feminists or government talks of rape, it has implicit understanding of viewing female victim in distress; and on that ‘MARITAL RAPE’… It’s scary, even to think of such new law enacted.
When, in our country even marriage itself is criminalized with 498A IPC and Protection of Women from Domestic Violence Act, do we need, yet another new law to even criminalize sex in marriage as ‘MARITAL RAPE’? Especially when there already exists 4 laws in our country, which covers marital rape and which all are repetitive in nature?
Even though it’s an admitted fact that, for sex, marriage is not mandatory today; it’s a perception and personal choice of two ‘consenting’ adults, but this ‘consent’ itself is contested today; it’s twisted to wreck havoc on man/husband!
Now the question that needs answer is that, ‘how to record consent before every sexual encounter’, be it before marriage, as lovers or live-in partners, or after marriage, as husband and wife?
If HE cannot have sex, HE is Impotent
If HE has sex within marriage, HE is Marital Rapist
If HE has sex outside marriage, HE is Cruel, living in Adultry
If HE demands sex, HE commits Domestic Violence
HE = CRIMINAL by LAW
If SHE cannot have sex, it’s HER ‘My Choice’
If SHE forces sex within marriage, it’s HER ‘My Choice’
If SHE has sex outside marriage, it’s HER ‘My Choice’
If SHE demands Sex, it’s HER ‘My Choice’
SHE = Innocent by LAW
Being sexually inactive in marriage, is already criminalized, as it’s a cruelty and being sexually active……??? Be ready to be termed a rapist, any time, because in India, we don’t need a woman accuser to provide proof, her statement alone is good enough to believe her side of story.
With emotional arguments and the strategies of ‘rape’ and ‘marital rape’, feminist lobby, in the name of women safety and empowerment, is trying to make a new law to criminalize marital rape! The underlying fact why feminists are pushing to criminalize marital rape is that 498a IPC has lost edge, after Supreme Court’s guidelines stopped automatic arrests, as it is the most misused law!
In the form of new marital rape law, feminist lobby is trying to have a new lethal weapon for negotiation and harassment, as it will bring more than 7 years of imprisonment and will provide enough cover to get men harassed making bail, a complicated affair.
Will ‘marriage without sex’ be any acceptable form of marriage?
Blindly following foreign laws, if at all feminists/government succeeds in criminalizing marital rape, which does not imply in Indian family system or situations, it will be equivalent to the beginning of complete demolition of institution of marriage in India.
Again, if government is so keen in copying foreign laws, why is it trying to criminalize marital rape, only in name of ‘women’s safety’, when all foreign laws are gender neutral?
Does the government understand that just because of it following agenda set by foreign funded feminist organizations, institution of marriage is on the verge to collapse, family system is being ruined and social fabric as whole is getting torn…
Anupam Dubey 