Wednesday, May 06, 2015

Criminalization of Marital Rape

This post may be disturbing to few readers. Reader discretion is advised.

I did not want to comment on this, mainly because, it requires explicit wordings. But, after seeing many people's support on this, I decided to write on this.

I see many people asking for criminalization of Marital Rape. I am unable understand what are they trying to achieve other than to keep significant unfair power in their hands.

What exactly is the definition of Marital rape? Is it just like any other rape except that, it happens between husband and wife?

If it is not like typical rape, then how we can call it rape? It would be just consensual.

If it is just like a typical rape, then is the woman going to do the same things which she would have done in case of typical rape. Is she going to shout, go out and call neighbours for help? If the family is living in a typical location, won't there be anybody in the neighborhood to help her? If she does not even call neighbours to help her to avoid the crime, but, later on goes to court to punish him for the crime, won't that be ridiculous?

Typically before a person does a big crime, he/she would have definitely done multiple small crimes. If a husband is raping his wife, and if it is a punishable offence, then typically, he would have done some smaller mistakes with his wife. At that time, what did the wife think about those small crimes? Typically, when there are problems between wife and husband, initially, wife stops talking to her husband. If the problem increases further, she leaves the house. If it still increases, she would take divorce, and if it does not stop even then, she would try to imprison him. In this case, the husband was good enough to live with, till yesterday, but, today, he is so horrible that, he has to be imprisoned immediately. He was a normal person till yesterday, but, became violent psycho overnight. If it was gradual, why did not the wife choose option of leaving the house and taking divorce. Why sudden jump to imprisonment?

What does a typical wife want by criminalizing marital rape? Imprisoning her husband for couple of years? I can safely assume that, once the husband is imprisoned, their marriage would break. [If the marriage does not break, it only means that, wife is threatening her husband by using other sections of Indian Penal Code, and the husband does not have any option.] When the marriage is going to break, and husband is going to leave anyway, cannot she forgive this one last mistake?

Let's assume that, Husband has really raped his wife like a typical rape. They were staying at far away location where they did not have any neighbours, and the husband behaved properly till a day before and suddenly became violent overnight. Wife did not have heart to forgive him for that one mistake. Even in this case, if the wife is even little physically injured, with the present laws, husband can be arrested with non-bailable warrant, and can be imprisoned upto 3 years. Is that not enough? Do we need yet another law? [Are feminists going to say that, it was a rape, but there were absolutely no physical injuries?]

I did not want to bring another section of law, by which the wife can arrest her husband with non-bailable warrant, with a just a signature, for absolutely no mistake of the husband. It would be a hell for any husband to escape that case. Probably the feminists might be thinking like, very good people who have not done anything bad, and have good financial background, are getting away with just 14 days imprisonment and few rounds of courts. They may want a strong law so that, they cannot escape.

If any political party supports criminalization of rape, I will not vote for that party as long as I find some liberal alternative. Fortunately, Modi's government is not supporting this.

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