Marital Rape " A sabotage of Institute of Marriage

What is "Marital Rape" actually ?


Marital rape is any unwanted sexual act by a spouse or ex-spouse, committed without consent and / or against a person's will, obtain by force, or threat of force, intimidation, or when a person is unable to consent.

Know the Facts:

1 A marriage license does not require someone to submit to sexual contact on demand.

2 Everyone has the right to say "no" to any kind of sexual contact.

3 Forced sexual contact within a marriage or relationship is no different than if forced by a stranger.

4* Marital rape is a serious crime ??

"In India marital rape exists de facto but not de jure. While in other countries either the legislature has criminalized marital rape or the judiciary has played an active role in recognizing it as an offence, in India however, the judiciary seems to be operating at cross-purposes. In Bodhisattwa Gautam v. Subhra Chakraborty, the Supreme Court said, "rape is a crime against basic human rights and a violation of the victim's" most cherished of fundamental rights, namely, the right to life enshrined in Article 21 of the Constitution. Yet it negates this very pronouncement by not recognizing marital rape. Though there have been some advances in Indian legislation in relation to domestic violence, this has mainly been confined to physical rather than sexual abuse. Women who experience and wish to challenge sexual violence from their husbands are currently denied State protection as the Indian law in Section 375 of the Indian Penal Code, 1860 has a general marital rape exemption."

For everybody to know, the foundation of this exemption can be traced back to statements made by Sir Matthew Hale, C.J., in 17th century England. Hale wrote:

"The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, which she cannot retract."

This established the notion that once married, a woman does not have the right to refuse sex with her husband. This allows husbands rights of sexual access over their wives in direct contravention of the principles of human rights and provides husbands with a right to have sexual relationship with their wives.

Or else, there should be no marriage.

1 How does a husband prove that he is not guilty of Marital rape ?  ref. point no. 4*

2 Isn't it possible that the wife enjoys the intimacy and then in the morning accuses the husband of rape?

The above questions are unanswered and will remain so" Says Parasar Sarvepalli of Nellore.

Rape is Rape. It is not a gender issue. But when a women do the rape (sex without mutual consent) we term it as a love, affections or it is her birth right to do the same against any men and if any men try to fight back or dear to dream of say the truth, the man will be termed as rapist instead of terming Victim of rape.

Rape is rape, regardless of the relationship between the rapist and the victim. It can be a total stranger; someone you recognize by sight, but have never really communicated with; someone you know superficially, a neighbor or a colleague; a friend, a Girl-friend or a former Girlfriend; a live-in partner, or a former partner; someone you are married to or have been married to in the past.

As per Rape law, any sex without mutual consent to be considered as "Rape" and surprisingly, the LAW assumes that the Victim of Rape is only a woman and men never face the "Rape".

Rape is a very personal and intimate traumatic experience. Our experiences of and reactions to rape may differ widely, and although there are many similarities in the way that we feel about being the victim of rape, regardless of the relationship between us and the rapist, there are differences between stranger and intimate rape, and in this section we are trying to describe and offer an understanding of some of the specific problems regarding marital rape (or rape by an intimate) as opposed to stranger rape.

Please note that in this page we refer to wives and husbands, however, it can be understood to refer to all rapes perpetrated by an intimate. Also, we are only looking at rape and sexual assault on men, since this is by far the most common situation but never recognized by any Government or LAW makers, result we witness every year after marriage the Husbands are ending their life double than married wives as per Crime Bureau report of India, 2005, though rape and sexual abuse also occur too frequently in same-sex relationships.

 Historically, all cultures have had a concept of a spouses' conjugal right  to sexual intercourse with each other to create a difference between a animal vs Human society and to stop the father less child. The proposition of Christian teaching influence in Western culture need be considered, in particular, St. Paul's teaching, "For the wife does not have authority over her own body, but the husband does; likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another except perhaps by agreement for a set time, to devote yourselves to prayer" and the institution of marriage formed.  

But with the time , though the women rised their voice and made new law to shut the mouth of men and gained the whole sale free licence to rape the husband as a witness we witness, even some feminist male hater ministers say openly in media that " It is the turn to suffer the men", "do not trust men, trust condom".. but still Indian men prefer to keep silence than object her comment openly.

On 12/09/07 TOI report and their survey says 10% of colleage girls and 20% of boys lose virginity; as per our study most girls do not admit they had sex while in the school and many men want to boast thenself and say they experieced sex in colleage. if TOI servey is correct then 10% of boys had sex with 10% of girls then other 10% had sex with whom, thats mystrey; for that TOI has no answer, to have sex two opposite sex persons required that TOI is forgotten i think.if not other 10% boys had sex with themself or with married women ? that shows indian married women have sex with outside marriage. still indian society beleive women are victims. Apart from this 65% boys are wanted to marry same girl whom they lost their virginity; but 42% girls disagree on that, it shows they are stronger sex, or they can bed N number of men before marriage and do not regret about losing virginity.

On of  the TV show hosted by NDTV in September 2007, one of the women claiming she was sexually manipulated since her marriage, saying; frist night itself her husband asked her to undress; and suing her husband for sexual advances; if in marriage husband should not indulge in sex, then why she married. As per TOI servey of 12/09/07 50% Indian men do not have sex before marriage; they wait so long till marriage, and on frist night his wife says not to touch her, then he don`t have right to ask her to undress. If he force her, he can be charged with marital rape, in India; and there is no law to guide Indian women to not to withhold sex in marriage without valid reason. Biased Indian law makers along with women organization propose sexual harassment and marital rape; but who will decide how much sex is not marital rape. Actually it should be between couples and these law makers should not interfere in personal matters of ; there should be punishment if one use force and physical harm in sex, and withholding sex to husband without valid reason should be reason for divorce. As sex is a ingredient of perfect marriage at least for  first 10 years of marriage.

TOI dated 21/09/07 reported, From Delhi one 16 year old eloped with 40 years old dance teacher whom he met on internet; police caught both of them but there is no section or penal code to charge that women. If man of 40 eloped with 16 year old girl, then he will be charged with kidnap and rape, coz girl is underage. Do you still think women is a victim ? or Indian laws are not biased, towards men"? Same TOI on 23 September 2007, Bombay edition on its 5th page reported Youth of 20 eloped with minor girl charged with rape, if 40 year old women eloped with minor boy, she will not be charged with rape, but 20 year old boy can be charged with rape, even that girl consented to sex, its is not only biased law, mockery of constitute, but Human rights violation.


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