Background

The Delhi High Court has restarted hearing of the Marital Rape PIL with a renewed vigour. The case which was in cold storage for three years has suddenly started gaining momentum a few days earlier with the newly appointed feminist Amicus Curie expressing her opinion that Marital Rape should be made a criminal offence and with judges drawing parallels between wife and a prostitute. One of the judges commented if a prostitute has the right to say ‘No’ to her client, then why can’t a wife have the same right?  Some people started demanding punishment for the judge for drawing such a parallel; some MRAs distinguished between these two and said, that when a prostitute denies having sex, she is not paid; but when a wife denies sex, she is still eligible for maintenance, alimony. It has also become a double jeopardy for our legal system as by abolishing IPC 497 or the adultery law, now sex with someone else’s wife has become almost legal, but if Marital Rape exception is removed from the IPC, then sex with one’s own wife will become a crime.

The Feminist-Congress Tricks

In Bengali, there is a saying, “দূর্জনের ছলের অভাব হয় না।” or evil people have no dearth of dirty tricks to fulfil their evil wishes. In this case, judges themselves are giving vague and convoluted arguments and they themselves are judging the veracity of the same. So, we don’t see any good reason that this can be stopped as judges have made themselves immune to all kinds of adverse actions. This corrupt judicial process is used to create a feminized legal system that has created 50+ such laws in the Congress regime. If the present BJP government at the centre says, they don’t want to criminalize marital rape as that will destabilize the institution of marriage, many women MPs from their own party will start crying foul. Opposition will leave no stone unturned in this election time (2022 state assembly elections in five states) to capitalize on BJP government’s anti-women agenda.

In the past, we have seen how our courts have intervened into Hindu religious festivals and even tried to dictate terms to our armed forces deployed in the conflict zones without being experts in either. Our judges have started behaving like dictators where even people’s representatives (e.g. our parliament) are not able to interfere. Whereas introducing a law is the domain of the legislature, our courts have started interfering in the process in the name of human rights.

It is argued many times that there already exists remedial measures for women from marital rape in our 498a and DV Act and hence including it in the purview of IPC 375 is not needed; and the need of the hour in reality is to discuss the safety and well-being of men in families. But the anti-national lobby of Congress-Left will never talk about that. In the name of women’s rights, it is this lobby that is playing dirty politics to destroy our society. To be specific, the Indian Hindu society. A point to note here is that Karuna Nandy, one of the petitioners in this case and a Supreme Court lawyer has lobbied against the law banning Triple Talaq saying it was against Muslim men. So, the agenda of the petitioners and the Congress led ecosystem is very clear – they want to hold the Indian Hindu society at ransom for their narrow political gain.

Marital Rape Vs Rape

Now the problem is when there already exists remedy in such cases in IPC 498a and in DV Act, why are they specifically trying to brand family men as rapists? A very typical Congress-Left anti-national agenda. If bringing justice was their sole agenda then why don’t they talk about making laws for Hindu men to safeguard their interests? If you try to find out an answer to this question you will see a very crooked hypocrite mindset behind this feminist lobby.

A study of Gandhiji’s life story will tell us, that even he could be branded as a rapist, if marital rape law existed in his time. Moreover, it is needless to say that when there exists India Today survey that pointed out towards marital rape of men, bringing a law just keeping women in mind is like bringing huge injustice to Indian (read Hindu) family system.

Before we proceed any further, the following points need to be understood to understand why removing this exception will fail to deliver justice to anyone, including women.

1. In a normal rape case, establishing sexual intercourse is one of many prerequisites of proving the crime. However, for marital rape nothing like this will exist. It will solely be dependent on a wife’s testimony in the court. Thus, there is no way a court can judge if the case is really a case of consented sex or forceful rape.
2. In normal rape cases, medical evidence forms the basis of the case. This medical test can prove sexual intercourse, or the force applied by the man. However, for marital rape nothing like that is needed as sexual intercourse is normal between a couple. Hence, the argument will be centered on wife’s consent, which can never be proved. No husband can ever take a wife’s consent at the moment of high sexual desire. Hence, the only evidence will be based on completely flimsy ground.
3. Another major problem in marital rape cases is that the husband is immediately arrested. This will bring enormous shame to the husbands’ families. Many ordinary peace loving and law-abiding citizens will be arrested for simply being married. There may be chance to arrest husbands’ family members as well. However, in normal rape cases, generally the family members are not dragged in.

So, it can be understood easily that marital rape exception will be proved more draconian law than anything else.

PIL, A Direct Attack On Male Liberty

Before we get into the issue from women’s perspective, it is important to take a glance at men’s fate when this is changed. Today, men accused in criminal sections like IPC 498a (dowry case) or any other false cases find themselves in the receiving end always. The social taboo associated with the terms like dowry seeker etc. is gone now as the cases have become very common, but these men find it very difficult to get good jobs. In a job selection process, there is a question asked to candidates if they ever had any criminal cases against them. A man who has got such a case earlier in his life can’t hide these facts as any quality background verification process always reveals such cases against him.

In recent past, one such man came to me seeking help after he was sacked from his employment due to a fake 498a case. He tried to hide the case from his prospective employer who found that out in their background verification process and after finding that out, the employer withdrew the job offer. It took me several days, and to play many cool tricks to get him reinstated in his job.

In the changed scenario, when a man gets a rape case under IPC 375, do you think any company will ever induct a rapist? If you have such a company, will you hire a rapist?

So, clearly the removal of the exception as planned by the Congress led ecosystem, is aimed at destroying our men and destroying our family system. Now, every divorced woman should be scrutinized if she had filed any rape case against her husband.

Civic Society Rejected Criminalizing Marital Rape

It is also important to note here that the civic society has already rejected the proposal of removing the exception of marital rape from IPC 375. If we try to understand the social media opinion of Indians, we will see in this report that Indians have already rejected marital rape being viewed as ‘rape’. Many major media houses has run opinion polls on criminalization of #maritalrape and all the polls unanimously voted against the same.

So, from the above polls and the detailed analysis you can find that Indians don’t want marital rape exception to be removed. So, the petitioners’ PIL that said that Indians want justice from marital rape is not only false but plain simple lie. Also, it was already proved in another article on this site how NGOs working in completely different fields were mobilized to file this PIL.

Marital Rape and Women

It is very clear that marital rape provision will unleash enormous turbulence in our family system. Now a woman filing such a case will also not be spared easily.

Today, men generally refrain from marrying divorced women and single mothers. Even while marrying such women, they ask questions like – how many cases she had filed on earlier husband, how much alimony did she receive etc. While feminists promoted getting alimony as their right, men and their families today look down upon such women. So, women who were earlier able to get remarried easily even after their divorce, or after becoming widowed are not able to find any match today.

If marital rape exception is removed, then all men marrying a divorced or widowed woman should compulsorily check the cases she had filed earlier. Some men can even go to the extent of contacting her previous husband to get confirmation. Because if a woman had already filed such cases earlier, she is likely to file these cases again. Since the stakes are becoming very high for men, they are bound to check all these beforehand. If they don’t that will be their foolishness. Already Indian women are feeling the heat. Many relationships are breaking after this PIL was filed.

How Women Will Suffer

Initially, when marital rape PIL was filed in the Delhi High court by some unscrupulous NGOs with a bunch of lies, many feminist men vowed not to marry. Not only that, women wrote to us to inform that their boyfriends have left them because of marital rape PIL. So, we understand that Marital rape can’t bring justice to women, it will only bring injustice to all.

Conclusion

Equating marital rape and rape and blurring all possible areas of delivering justice, feminists are trying to deny justice for all. In one hand, when the sudden spurt of rape cases in the criminal system will blur the seriousness of normal rape cases (like 498a did to dowry), it will also make women increasingly untouchable. Any divorced / widowed woman will be viewed with suspicion and a potential law misuser.

Today, divorced women who claim they had not taken alimony from their previous husband are not trusted. Any man who knows that she would have taken alimony when courts by default grant them alimony, when there exists judgements asking husband to “beg, borrow, steal to maintain wife”. In general women’s trustworthiness have reduced. Criminalising Marital Rape will reduce their trustworthiness even further.  

There was a time when bad looking, ordinary women were getting married by paying some dowry, but today it is impossible. Men in increasing number reject any such proposal and also reject not so beautiful women. As a result, an increasing number of women and men are facing problem of finding a soulmate. Women who claim empowerment in remaining single surreptitiously try to get married.

When women fail to find a soulmate, their physical needs will force them into prostitution. We see a spurt in prostitution in our society already. Imagine India’s social situation in the ‘80s before these family breaking laws were created by the Congress led eco-system. With criminalizing marital rape, the situation will only worsen.

So, the agenda of criminalizing marital rape is not only to destroy Hindu society, but to make Hindu women available in the open market for an ever-flourishing flesh trade.

***