19/11/2016
“Mera Desh badal raha hai, aage badh raha hai!”
This jingle is common in Indian masses as part of current Prime Minister’s election Campaign. We are not endorsing anyone.
But are we really moving forward?
Let’s assume we are. The mindset of common man is evolving. Education is giving them the ability to read and learn between the lines. However, when we are surrounded by stories like a man who imposed in*******se on his wife either by force, threat of force, or when the wife is unable to consent; we turn it to a deaf ear and let it pass by like a normal gossip story. Or other aspect of this reaction is suppression of women in the society and nailing her down to such an extent that the noose is the only way out.
Hence, in a country like India, marriages are seen as a journey of 7 incarnations. The institution of marriage is seen as holy in our country but what interests me is how a partner can corrupt something as holy as marriage. Some believe marriage to be a s*xual contract, where the expense of in*******se is to safeguard her basic materialistic interest. Here is when marital r**e comes into picture. A r**e is a r**e. When you add an adjective to it, it defines how grave and sensitive issue it is. Marital r**e is nothing but a heinous crime; in a case like this the perpetrator is no one else but the victim's spouse only. Marital R**e is more widely experienced by women, though not exclusively. In a country like ours where women are worshipped. The statistics reveals how real it is as 1/3rd of men in India, where spousal r**e is legal admit to have formed forced s*xual relations.
Section 375 of the Indian Penal Code (IPC) considers the forced s*x in marriages as a crime only when the wife is below age 15. Thus, marital r**e is not a criminal offense under the IPC. Marital r**e victims have to take recourse to the Protection of Women from Domestic Violence Act 2005 (PWDVA). The PWDVA, which came into force in 2006, outlaws marital r**e. However, it offers only a civil remedy for the offence.
But by not criminalising marital r**e does Indian judiciary and government want to send a message across that just because a woman is married loses the right to say no or loses the right to approach the court even after being endangered of her integrity.
Internationally too pleas have been made to criminalise marital r**e in India and this has been made by the United Nations through its Committee on Elimination of Discrimination against Women. It is indeed saddening that even the Union Minister for Women and Child Development, Maneka Gandhi has said "incorporating cases of marital r**e within the legal framework would put stress on family system and strain family ties”. However, she still has not been able to explain how marital r**e would strain familial ties.
Marital r**e is r**e. I don't understand why a victim of s*xual assault should be denied justice just because she is married to her tormentor.
Does this appeal to the sensibilities of new - age country of ours?
Also, we would like to question you all is it only the fault of government authorities that such crimes are rising to an unexpected levels or we too are responsible?
