Criminalizing The Justiciallby Unjust Marital Rape
Should marital rape be criminalized the question has always been a hotly
According to me and many women like me, yes this needs to get criminalized
otherwise the very essence of laws which are framed for protecting the women
The law teaches us that even if hundred people who have committed a crime are
needed to be set free, for the one who is actually innocent and suffering needs
to be done and saved by law it demands and serves justice in all the aspects.
The only place where people have faith is within the judicial system when no one
is going to hear their problems understand their situations, and no one is going
to give them justice then they will approach the judiciary and the judiciary
will make sure that they are entitled to free, fair trial and justice.
Gone are the days when women were treated as an object or property of her father
or of her husband now woman is given the status of an individual and holds a
seprate identity as an individual person and just because of a social
institution like marrige such a social institution never gives a right to
anybody to treat women as an object and to keep the consent of women as a mere
option when it matters soo much before getting married each time before getting
intimate a lawful consent is necessity,a consent is required each and every time
before making any physical connection even if they are in a very intimate
institutions as marriage or live in relationships that are given due importance
and status of marriage in some cases etc.
This very mindset that after marriage a man can do whatever he wants,even
without the consent of a woman is giving rise to a hefty great number of crimes
in terms of marital rape which is not yet criminalized but this is the worst
problem emerging and existing, I can explain this why I suppose a person is
having a bad intention towards the woman because once he gets married to that
women he thinks and assumes that that he is having a free licence for the whole
lifetime or a free subscription for the life time to get intimate with woman
whenever he wants,to even without her consent why because law as of now is not
stopping him from doing so, which crushes the very spirit of the justice served
by the rape laws that are framed along with the laws which are framed to protect
and ensure the dignity of a woman.
Many defendants often claim that what if women are putting on the fake rape
allegations, or complaining the fake rape cases the power can be misused yes I
agree, but let us suppose if in a plane there are 10 terrorists who are
demanding to set their imprisoned co- terrorists free, by leaving the 240
innocent passengers alive then what will you choose? Exactly that is my point
just because of the evil minority you will not forgo and leave the innocent
people similarly, the number of actual rape victims that suffer being innocent
counting the number concerned with each day. Where in every 15 minutes a rape is
committed and the number is even increasing now.
I can assure you that these fake reporters are very limited and handful as
compared to the actual victims and sufferers who are actually facing and
suffering rapes every day in their married life just because it is not getting
criminalized, Not just the man commits a crime and crushes the spirit of
humanity,he also crushes the morality and sacredness of the bond of marriage,
all the vows that are taken at the time of marriage go in vain when he cannot
keep up those words, I can assure you that a man who rapes his own wife is a man
of no values and cannot ever keep his wife happy because these relationships
should be based on trust, happiness and love.
Not lust, misery, mental harassment, cruelty and objectification.
The man each time crushes the very spirit of the woman, the marriage, the
justice and humanity at large. The only person she ( a wife) puts her faith in
while leaving her father's home is her husband it is on his trust that she
sacrifices soo much and inturn what does he do? fails miserably to keep up with
her minimal expectations and duties as a husband, inturn gives her the most
gloomiest experiences and live nightmares each day.
Torturing your partner when you are in such a relationship everyday is soo much
more brutal and cruel that it feels to the victim whenever she gets raped, she
feels dead inside and merely breathes each day and sleeps to this henious brutal
crime every night. Also this crushes the very fundamental rights enshrined to us
by our founding fathers in our constitution under Our right to equality which is
denied soo cruely because in the marital rape the man takes away this very right
of equality of status when he puts his lust over the consent and snatches the
consenting power and confines it only to himself rather than being equal in the
relationship, Also at times the movement of the woman is confined as she is
restricted and locked in the room while commiting this henious crime not only
this but the Article 21 which clearly states right to a dignified life is this
the dignity one deserves after marriage when her very own husband rips off the
very layers of her dignity each time?
My question is to those people who had such kind of questions that there is a
chance of misuse do they not trust the judicial system, the judiciary leaves no
stones unturned to ensure that no innocent person is been proven guilty in the
court of law, the judiciary is serving and giving chances to each and every
individual to prove that the crime is committed beyond the level of reasonable
These people if they are soo much concerned with the false reported cases, why
are they being soo ignoring and unjust towards the actual sufferers and seeing
only one side of the coin and sticking to the same notion?
Even if one court at all, delivers a judgement that is not in the favour of the
accused I can only imagine that how all the three courts of highest prestige can
pass a same judgement in this regard, the judiciary of a country is the highest
institution when it comes to the legal system and serving justice and with full
faith and belief, I can say that with the court trials that go on the judges
ensure and satisfy their minds that the accused committed the crime beyond a
reasonable doubt and is actually guilty.
Also I would like to tell you today that the laws which were framed, were framed
in those times when women were objectified and were treated as a property they
were seen as a mere thing to possess, and it can be said that it is on this
basis that marital law is not yet criminalized because people still think that a
woman is a property of her husband.
According to me, it will only be just and fair when The rights that are entitled
to a woman are exercised in all the aspects irrespective of her social status or
position, because after all a woman is just a woman and a natural person
possessing the natural rights such as the basic fundamentals, and is having her
individuality before belonging to any social institution be it marriage or any
live in relationship not just marital rape has an adverse effect on her health
and mental state it crushes her self respect self esteem and she feels trapped
and caged in such kind of institutions.
Many of the defendants would say that if she is so much in trouble and pain, in
her marriage then why isn't she getting divorced I would like to say that if she
excercises her powers and gets divorced, then the society never fails to look
upon at that woman with hatred in their eyes, pure hate comments on their lips
they never fail to deliver judgements on a divorced women we are really living
in a patriarchal society it is a high time we realise that a woman is judged by
the length of her skirt, her conduct and her extrovertness.
To the society a divorced woman is a characterless woman as they pass the
character certificate stating that surely the woman must be having an affair or
absolutely the woman is not good enough to be a wife, and therefore, because of
this pressure and knowledge that the society will never accept and encourage
women to get divorced and will not accept the divorced women and disrespect her
when she's already been through alot It is because of the after effects and
these reasons that women are scared and do not get divorced because the thing is
it goes straight up to question the upbringing by her parents, her family, and
questions the very dignity of the women herself, the idea of separation seems to
be a big deal for most of the women because of the societal pressure and
therefore they are getting raped each night or maybe alternate nights then the
mental condition would surely get affected and there is nobody with whom she can
share the problem because the solution will never come to these women when the
laws are not been framed till yet to protect her from these brutal and most
cruel forms of crime that prevail and exist in the society, the very spirit of
law is to safeguard people from all the kinds of crimes and the, social evils at
large but is the law really being just when law is not giving protection to the
actual needy women merely on the basis of marriage is marriage really a valid
defence to commit a heinous crime like rape?
Only because something is not yet proved as wrong it doesn't comes across as
right and rape as a crime will always be wrong, against women hood at large and
would continue to be one of the most henious crimes wheather or not is committed
in the highest social institution of marriage or not.
Law Article in India
You May Like
Legal Question & Answers