Daily Debate – 1 (You debate , We Compile)

Dear Aspirants,

We have received many requests in the past to start a  daily debate.The reason being although many sites carry out daily debates , no one gets a holistic perspective as far as a particular issue is concerned and most of the debates left open ended.Hence after a long thought and arrangement of manpower we are starting this initiative.Here is what we are going to do –

1)Everyday a debate topic will be given

2)You have to research on it and write the details in the comment section.

3)A new menu item in the home page – Debate Corner , is created for this reason

4)The topics will be picked that are relevant and has importance as far as mains and interview is concerned.

How it is going to be beneficial :-

It will help in forming an opinion , backed by reason . Everybody has opinion but to back the opinion with sound logic is vital.

This can help you in  mains papers and interview.

Most of all , we will be monitoring the comment section and will compile the best ones and will provide our inputs , which will not only make the debate complete , but after end of each debate everyone will have a holistic understanding of the topic.We are running this on a pilot basis , and for it to be useful , your contribution is necessary.

1)Is it right to criminalize marital rape ? Is it the right time to criminalize marital rape in India ?

Good answers written by:-Anju , Vivek and Ariharan ,Randon Views

Our answer includes both – our inputs and the inputs provided by Anju,Vivek and Ariharan in their review.

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By | 2016-05-05T09:21:24+00:00 May 5th, 2016|Daily Current Events|12 Comments
  • Sonal Verma

    Thank you sir for starting this. I know I have requested for it almost a month back, but it is never late. Also it will be really beneficial as you are going yo give your input in this regard.

    • Yes , we do recall your mail Sonal.We had manpower shortage and the initiative ti be useful our input is necessary. Hence waiting for the right time to start it.Do provide your input.

  • Anju Girgilani

    The concept of marital rape as understood internationally cannot be suitably applied in the Indian context due to various factors like level of education/illiteracy, poverty, myriad social customs and values, religious beliefs [and the] mindset of the society to treat the marriage as a sacrament.”… Said By Maneka Gandhi.

    Firstly initiatives must be taken by women and she needs to come and complain about this aspect of violence, and once there is enough data, the government could respond it.

    In fact, it is because we are a country still terribly hobbled by ignorance and custom that it becomes even more important to provide legal protection for the woman.

    The principal objection to the criminalisation of rape within a subsisting marriage is rooted in western tradition. Since the late 20th century, most of the developed world has criminalised marital rape but India has still not.

    However in India,The age limit of 15 years above which marital rape is not an offence is inherently problematic, as normally sex with a girl up to the age of 18 is an offence regardless of consent.

    Marital rape ought to be a crime and not a concept. Of course, there will be objections such as a perceived threat to the integrity of the marital union and the possibility of misuse of the penal provisions. It is not really true that the private or domestic domain has always been outside the purview of law. The law against domestic violence already covers both physical and sexual abuse as grounds for the legal system to intervene. It is difficult to argue that a complaint of marital rape will ruin a marriage, while a complaint of domestic violence against a spouse will not.

    Protection of Woman from Domestic Violence Act, 2005, brought by UPA, provides for civil remedies for all kinds of domestic violence, including “sexual abuse” within marriage, but doesn’t make it a criminal offence.

    If women are to wrest control of their lives, they have to have the right to say no to their husbands without being socially penalised for it. The myth of the ‘wifely duty’ and the ‘conjugal right’ must end because marital sex, as all sex, must be with mutual consent and pleasure.

    CONCLUSION
    To say that the institution of marriage will be threatened by such a law is to either underestimate the very real affections, bonds and negotiations that hold good marriages together despite deep disagreements and differences, or to accept that sexual abuse and coercion is so common in marriages that no man dares risk such a law.

    • Shivani Shah

      This is very good writing . However, I was wondering whether we should make the female as the only victim in this case, does males encounter marital rape ? If yes , then should the law , if we make one , be gender neutral ?

      • Dreamz Unlimited

        Rape in legal terms can be defined as forced and un-consented sexual relation.
        How do you prove in court of law that consent was not taken/given for establishing intimate relations??
        please be specific and not make a general answer.

        Dowry is a offence. I condemn it. Dowry laws are being used to frame innocent men and their families and we have adequate cases to prove this. To control a menace like dowry, we have given way for new problem. This is my real worry that to control this we may open a pandoras box.

        You have written one sided only. You Being a woman, i can imagine your situation but a more balanced answer would have helped.

  • Marital rape has it’s genesis in “Consent for intimate relationship”. It is rape because of it’s legal definition. However, we live in modern where gender equality is objective of society. Man and women must be treated equally in all fields of human endeavor.

    Marital rape is problem in society because of it’s patriarchal mindset. This gives male members to enforce their will without any resistance. Criminalization of marital rape will be like enforcing social reform through legislation. India had witnessed in such legislature induces reforms :

    Widow Remarriage: When widow’s remarriage act was enforced. It turned out that society has not accepted the reform. It took long time to attain it’s acceptability by society.
    Dowry Prohibition Act: Act prohibits the exchange of dowry, but in the murky waters of society it is still prevalent because societal reform did not take place.
    Domestic Violence Act: A much needed act for protection of females form domestic violence. We have seen that it is very difficult to enforce the provision of this act because most of the time victim do not complain. It is only when situation becomes life threatening then victim seeks help.

    Another dimension can be taken in account :

    Low conviction rate in present judicial system is highly unlikely to generate and ditterance.

    we have seen that there are 35% false cases filed by females under dowry prohibition act and In recent time similar trend is also emerging in rape cases. Therefore, criminalization will invite another such problem.

    Therefore, if we criminalized the marital rape. This will be another legislature induces reform which is likely to fail, rather than legislation government need to intervene with sensitization measures. Such measures will weed out the problem completely and will ensure such problems will never emerge. After generating awareness and sensitization of society legislature should criminalize marital rape.

    Hence, It is right to criminalize marital rape, but it is not right time to criminalize marital rape in India.

    • Shivani Shah

      Good Points Vivek , I think we should deal with the issue with out the necessary fiery words , that way we can punish for the offense without letting the law being a tool in the hands of miscreants,

  • Anju Girgilani

    What is the meaning of dis kinf of debate where neither reply comes nor any competition…… are we rit in our view or not? Nothing matters here.

    • Anju, We have gone through your analysis of the topic and it is really very good and we liked it very much,Don’t worry , we notice everything and tomorrow you will get the detailed review from us.On the debate day we let others write and on the next day we take the good points from everyone and put our views and publish it.Th debate started only today , so not many have written on it and it’s a complex topic too for many, but you certainly have dealt it with due care.

  • Martial rape is just a domination of one gender over the another in which, despite having a legal right over one’s foe it was considered brutal as it was against the wish of the concerned victim. The most affected gender is female and the problem rises to a matter of debate.

    The causes can be:
    1. Creating a illusion or a false opinion about the opposite gender especially female.
    2. Treating her as a product rather than a human.
    3. Blindly adopted to the ideas by refering to many porn sites.
    4. To establish patriarchial domination.
    5. To deter the socio, economical and political equality by making her too weak.

     Coming to the debate whether to criminalise Martial rape or not, there can be some pros and cons.
    

    Pros:
    1. It enhances the equality of women in the society
    2. It makes her independent and eliminates patriarchial mindset.
    3. Women can be treated qualified in all aspects of endeavour as she would not be having any deterances from her home.
    4. sprouting of many women welfare centres to eliminate other gender crimes like Sati, Female infanticide, Abolition of widow remarriage etc..
    5. A leap towards towards SDG (Sustainable Development Goals) that India represents good in her international arena.

    Cons:
    1. The criminalisation further adds up a ill name to the women in the society as society blames her of being unable to manage her own family. (Social Pressures)
    2. The system itself hardly works as emotional blackmail takes a place. Women are emotionally sensitive and will be used by men in the family to keep up the family honour and on other aspects alike.
    3. Other women rights will also get harmed. (i.e.) If a women files complaint against her husband in case of martial rape and if she gets her divorce, Her remarriage will be definitely doubtful as no man will be willing to marry her fearing that they would be the next.
    4. Intentional weapon for women to punish her husband for her own personal vengence.

     Like a coin with two sides there are some positives and negatives in a new innovative yet recreational system. But considering India, Instead of criminalisation of martial rape will never be a good option for eliminating this cruelty. Rather the system can be modified by Construction of Martial Rape Tribunal and its provisions include eliminating basic necessities like Ration Card, Aadhar Card, Suspension from work (Both Private and Public) for 2 months and can extend unconditionally till he apologize to her wife with a written format to the tribunal can be the best option. In order to preserve the system from misuse, diversion of punishments to concerned victim if proved false will be one of the conducive options.
    
  • In the Indian legal system, marriage provides complete authority to husband over woman’s sexuality after marriage. This is direct violation of the Fundamental Rights. Marital rape directly attacks dignity of woman and physically, psychologically and socially harms her. It damages the future generations of the country.
    Recently High Level Pam Rajpoot Panel pointed out many legal loopholes which allow sexual exploitation of women. Only one law, that is , Domestic Violence Act, 2005 deal with marital rape in India today, but that too provides civil remedies only.
    Therefore, today there is a need to make a separate law to deal with marital rape and criminalize it. However, there are pros and cons of this.

    Pros:

    It will recognize an extreme form of domestic violence legally.
    It will strengthen enforcement of our Fundamental Rights.
    It will empower women and protect her dignity, ultimately creating a healthy environment for raising our future generations.
    Criminalizing marital rape will support India’s fight against gender based inequality.
    Initially, not many woman may come forward, because of patriarchal society. But, as economic freedom and legal awareness among women increases, such law becomes necessity.
    It will add a legal instrument in our fight against gender discrimination.

    Cons:

    Misuse of such laws is easy and rampant. For example, Dowry Act, is misused on a grand scale and has actually created a nuisance without provision to prevent its misuse.
    Such legislation will increase burden on our judiciary. Present legal infrastructure is inadequate to deal with marital rape effectively.
    Because of deep rooted patriarchy, crimes like rape are rarely registered in India. Reporting of case of marital rape by a woman will be considered a question on the sacrosanctness of marriage. In this regard social reforms are much more necessary than making laws.
    It will increase breaking of families.

    There are challenges in dealing with menace of marital rape. However such law is not an option but a urgent necessity. Most of the democratic countries have already criminalized marital rape. It is the right time for India to make marital rape a criminal offence.

    • It is a very good analysis indeed.