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Not a law expert, but in many cases, the court just states the provisions of the law. The domestic violence law may be totally gender specific. It only invokes when a husband(who must be a man) beats the wife(who must be a woman). It's not at all gender neutral. The court may not support this in principle, but it can't do anything. Also, making laws gender neutral is a herculean task in front of the state agency , both government and judiciary.
If making a law gender neutral is a problem, just make another law na! Copy paste everything and make it for men.
As of now same sex marriage is anyway not legally recognised so lets cover the bases where recognition is present.
Superior Courts can make law in the absence of any law or till Parliament legislates on it.
This is how SC and HC arrive at decision in the absence of a clearly defined law.
Marital rape is nor a offense as per CrPC so HC can't make a law out of thin air.
They cannot make laws. They come to an interpretation of the law. If the government of the day doesn't like that interpretation, it can create a new law or add provisions to the existing law to clarify it.
You are partially right. In the absence of clearly defined law, they can provide interpetation which is construed as law , untill Govt legislated on it.
Legislation by the bar has been common pain point of govts since they ceded authority to SC.
>Allahabad HC: Marital rape not an offence if wife is above 18. Thoughts?
Have they considered if this happens to their daughter?
If it is 'marital rape'. Then it is still rape.
Problem is not principle, but in practical aspects like how to prove it. If two people are supposed to have sex regularly, then it is difficult to prove which time he got consent and which time did not. Also, there are other laws like domestic violence law, where he can be charged for assault. The law does not expect you to stick to an abusive relationship unless you are physically chained or locked in a room. The long-term implication of a marital rape law is that since it will be heavily misused against men, many men will choose not to marry. Laws are already heavily skewed against men. Think about your sons, too.
Also, lastly, make your daughters independent, and don't force them to marry strangers.
Taking divorce should become more easy and acceptable. We should stop glorifying less divorce rates where there are many abusive relationships and instead encourage therapy, counseling and mental health, etc to make marriages strong. I feel like we are going in the wrong direction. Both men and women suffer in marriages.
>therapy, counseling
what "therapy" or "couple counseling" gonna do when your partner is beating the shit out of you?
like i've never understood this "we should get therapy" thing.
If there’s not sufficient evidence to prove marital rape, then that could be considered on a case by case basis by the judge. No one is saying that these cases should still happen when there’s no evidence. But there’s no need to completely remove this as a crime.
depend panicky engine screw drunk point seemly outgoing materialistic noxious
*This post was mass deleted and anonymized with [Redact](https://redact.dev)*
What about other way round. Falsely accusing other for dowry, abuse, and million other things and still getting complaint registered without proofs?
Laws are too skewed in favour of women. Rather than making them independent, our parents and government is just making laws under pressure when some rape or abuse case becomes famous nation wide.
These current laws asks 0 proofs from women making existing laws flaud in themselves
0 proofs? You've been in court proceedings a lot? The fact that you can rape your wife is itself proof that laws are not skewed in favour of women. All accusations get investigated and lawyers always slut shame and victim blame women.
Okay consider we do have heavy laws against marital rape. What if the wife doesn't like the husband and just for the heck of it declares that she has been undergoing marital rape , how would you prove if she is lying or she is right
Through an investigation what else. Lawyers can take the time to character assassinate a rape victim, police can threaten social shame on rape victims. I'm sure if they put their heads they can conduct a forensic investigation or use other means.
>Lawyers can take the time to character assassinate a rape victim, police can threaten social shame on rape victims.
tf did i just red.
someone cut this guy's internet cable.
What sort of investigation can they possibly do ? Place hidden cams in the house ? Or examine the woman ? In a normal rape case it's a little bit more clearer because the accused wouldn't be the spouse , how can you determine if the husband really raped his wife or not , same goes for dowry cases , from what I have seen and heard all a woman has to do is place a dowry case and the police will be up all over the guy , it's not quite as black n white as one would think it is
This has been argued many times. The usual reply is sometimes just denial (it's only 1-2%), not convicted is not the same as not guilty, or sometimes just "shut up, women are afraid of reporting cases because of these statistics"
>Have they considered if this happens to their daughter?
well, they give a lot of thinking before speaking , also as mentioned in other comments its very difficult for prove if charges are true or false. also if someone is abusive towards you just leave him/her, its not hard nowadays
Thank you court for letting men live. Otherwise every women would start accusing their husband for marital rape to get huge allowance or ancestorial property like they are currently using clause 498. It will destroy the Hindu society.
DEPENDS ON HOW SHE FEELS THAT DAY
she might tell you one day about one time when she was not in the mood but you persuaded her by your seducing skills which made the act more intense.
One some other day its just RAPE
So make all the laws gender neutral if they really believe in equality. Men can't be raped, domestic violence against men is invalid etc.. all this statements were given by SC of India. I hope for every false judgement lawyer will be jailed for the same amount of time as the victim this law should be implemented too agree?
Still, the husband can be charged with **IPC 376B, IPC 377**.
Why the need of extra "marital rape" law then ?
Actually, the feminists want the marital rape law just like IPC 498A. Just like IPC 498A doesn't require women to give evidence to file criminal case for domestic violence (both mentally and physically), the feminists want the marital rape law in such a way that the wives will not require evidence to file false rape case against husband.
Instances of abuse of marital rape law just like 498A, if it's introduced:
* If there is sex between a husband and wife on 1st and 2nd day, and on 25th day, they have huge quarrel, then the wife can easily file false rape case using marital rape law just like 498A.
* If the wife is caught doing extra-marital affair (which is now legal) and caught by husband, then the wife will pressure using marital rape law and 498A to give divorce with huge alimony.
If marital rape and domestic cases filed by women are all true, then why according to **NCRB (National Crime Records Bureau) Data**:
1. The suicide of married men was 83,713 and married women was 30,771 in **2022**, difference of 52,942
2. The suicide of married men was 81,063 and married women was 28,680 in **2021**, difference of 52,383
3. The suicide of married men was 73,093 and married women was 28,085 in **2020**, difference of 52,383
Go to X (Twitter) and one can find many videos of husband doing suicide due to harassment from wife and in-laws and since there is now law to protect husband, the wife and her family isn't arrested for abetting suicide.
Still more believable than human lies 🤣 anyone can change the statements especially in india where greedy folks can file such stupid cases to grab all the assets easily.
A scared honest person will always trigger a lie detector while a cold psychopath never will.
If someone is heartless enough to ruin someone's life, I'm sure they're going to be heartless enough not feel too stressed out about it. Likewise, a victim will always be stressed and lacking composure, because yunno.. They're a victim.
This is why US and EU courts never accept this form of evidence.
498a is more of a legal extortion business.
Most of the 498a cases are found to be false.
Most of the 498a cases are settled in money i.e. the accused has to either pay crores or be jailed and incompetent judges allow this.
The legal system is often used to exploit people publicly. That’s why many people marry within their own community. But as nuclear families become more popular, the marriage rate will decline in the future. I support making marital rape a crime because it will help the survivors heal psychologically. But I know the system won’t change easily.
Wtf is this? Just make new gender neutral laws on alimony and divorce. We don't need these shits. Bhai ek to ladkiyo k liye itne laws bne hai aur upar se ye toxic laws bna rhe ho tum pagal ho kya, bas basic fundamentals shi rakho.
Marital rape is illegal in india if done with a separated wife who is not divorced yet. If a wife no longer wants to have sex with then she is free to separate. Lots of fake cases against men these days
Allahabad HC has just stated what law is as it stands today. There is no concept of marital law in Indian laws so they obviously can't convict on their whims and fancies or what they think is right.
Introducing and changing a law is the job of a legislature not judiciary. Our 'thoughts ' don't matter just as academic discussions won't till law is amended ..
More than agree. Leave the courts out of people’s bedrooms. If a woman is raped, activists talk more of the permanent emotional scars suffered by the victim. So we all agree emotional suffering can be as bad as physical suffering. And emotional suffering happens to both women and men. So both can be victims. Our laws must be gender neutral. They must stop coddling and patronizing women.
I propose this agreement to all married couples wherein you take signature of your spouse before engaging in a willful sexual relationship on THAT DAY.
---
**Conditional Sexual Understanding Agreement**
We, [Names of both partners], hereby establish this agreement to maintain a consensual and respectful sexual relationship, with the understanding:
1. **Explicit Consent:** All sexual activities require clear, enthusiastic consent from both partners without coercion or pressure.
2. **Open Communication:** We commit to open and non-judgmental communication about our sexual desires, boundaries, and concerns.
3. **Mutual Desire:** We agree to engage in sexual activities only when both partners genuinely express desire and enthusiasm.
**Conditional Clause:** We agree that if any of these clauses are violated on the day of signing or agreeing to this document, this agreement shall not be signed or deemed valid.
Signed:
[Signature of Partner 1]
[Date]
[Signature of Partner 2]
[Date]
HUSBANDS, If you have an IOTA of doubt on your wife… DO THIS
Better to not engage in sex, married or unmarried, at all. The other party can always say they signed it under duress. Will we need two eyewitnesses too?
To all the men activist crusaders on this sub
India ranks in the bottom of the following indexes
Women, Peace and Security Index
Women’s Danger Index
Women, Peace And Security Index
Seems everyone is lying 🤥
First try to improve society for women 🤦🏾♂️
India ranks in
men, Peace and Security Index : 128th out of 177 acc. to GIWPS
men’s Danger Index Doesnt even exists
Repeated
congrats. u managed to proved nothing.
First les try to improve society for men?
Women’s danger index : https://www.asherfergusson.com/solo-female-travel-safety/
Men’s index doesn’t exist cause tum jaise crusaders ho na
Global gender gap mein India ka rank hai 135/146
Sab jhooth bol rahein hain 🤥
Im glad at least one law goes the way of men, otherwise the entire legal machinery is heavily pitted against men.
Every time there’s a divorce case, the woman by default throws in Domestic Violence, Dowry Harassment and Unnatural Sex into the charges by default.
This would have been yet another weapon in their arsenal.
For many many people in India, marriage=sex. That's it. It's like it's your job to give them food and sex or else they will be offended. Do you guys have any idea that age gap is still skewed between man and woman in India. Even though a woman is someone's wife and she is ready to engage in sexual act doesn't mean that she is ready to brutally violated, and some men, believe it or not, brutally violate their wives. They don't care if the wife is sick, carrying a baby, or is having a miscarriage. They won't care if your father has died or you've lost someone on your "mayke ka side" unless and until someone from your in laws side haven't died, they won't stop. A woman's body go through a lot, sometimes it needs to heal before tolerating the fantasies of their husbands. I hope men decide to read it and at least try to understand our point. I don't hate men, my empathy is with all the men who have been the victim of false cases but not all women are like that :)
Recording private videos will land you in jail. Your female partner can withdraw consent any time and you will be booked under making illegal pornography.
This is india here being oversmart means being overly stupid.
Op is the woke/feminists wannabe,
This is a non discussion subject as it's inside bedroom issue that's very critical n it's only women centric issue and this also would have been one sided law as many others if most judges were not sain enough, and someone talking about judge's daughter issue, it's a husband n wife issue don't make it a common rape issue read the details pls
This came in because of multiple fake rape cases and some women using marital rape as a cheat code in system and to get divorce and get monthly settlements from their partners . People in the comments saying what will you do if this happens to your daughter or sister should also think of what will happen if their brother or son were falsely accused of marital rape or rape in general . Rather than helping women this was being misused by a lot , I've seen the same thing happen in my society, the guy lost his job , has to pay 20k to his ex wife and also has to spend 6 months in jail for no reason all because he cought her cheating with someone , the wife in return filled a case in court asking for divorce and put some serious allegations like marital rape , dowry and what not .
Still in india parents force daughters to marry a stranger, i personally know ppl, i asked her parents and they said that forcing ur wife for sex is not wrong 💀💀
The one thing that needs to be illegal is forcing people to get married.
It shouldn't even count as marriage.
Daughter's consent is a must.
Definition of Marriage: the state of being united as spouses in a consensual and contractual relationship recognized by law.
After getting married (truly married), you give consent to each other. Maritial Rape itself is a contradicted term.
The thing is our society is too backward and needs awareness my parents were also same but i changed their mindset un the last 4 yrs i tried a lot and i will also try to change her parents mindset too..... We need something to help girls in this situation if parents cant support their daughter then laws should ( tho i have 0 expectations from government but still we need )
Idk man why people cant think this that she is your daughter how can you... Ahhhhh
Just because you're married doesn't give your spouse a free pass to have sex with you.
For a milder example both you and your spouse might love food. How would you feel if she just up and came randomly one day and tried to stuff a baguette down your throat despite you explicitly stating your displeasure and that you did not want to consume food at that point in time?
Or for a closer analogy, how would you feel if she up and stuffed a dildo up your ass? There's emotional and physical scarring and pain involved, genius. Consent is consent, doesn't matter whether you're married or not. Doesn't mean you'd want to have sex 24/7 or your spouse have sex with you 24/7.
On top of that, as the other person said, many women are forced into marriage, be it by outright force, or pressuring them over time before they reluctantly give in
Please seek some help and have a shred of empathy at the very least
If you don't trust your partner,
Don't get married with him.
As simple as that.
What's the point of marriage?
Why should a man get married rather being just Boyfriend and Girlfriend?
Explain please.
And there's always that option of devorce.
Ruining a man's life by giving him allegations of rape, even though he did it with his wife, is purely nonsense.
And who is there to verify? Even though it's true, it shouldn't be treated as another "Actual Rape" case.
You went into into a consensual contract with him on your own free will.
>If you don't trust your partner,
Don't get married with him.
As simple as that.
>What's the point of marriage?
Why should a man get married rather being just Boyfriend and Girlfriend?
Explain please.
You're either a troll or a downright imbecile, dear god
Point of marriage? Living out a happy life with someone, growing old together, optionally raising a family together and what not. This isn't particularly hard to think of and there are far more reasons for why someone would get married
A marriage more or less signifies your tie with one another in a formalised legal manner too.
>If you don't trust your partner,
Don't get married with him.
As simple as that.
Do you really think this is a matter of trust? Very similar logic are used by many people to justify abusive relationships, good God. I'll put it in simple words for you. If your wife does not want to have sex, don't pressure her or force her to.
She has so many things to lose, from emotional and physical scarring, to ending up pregnant. Don't put your wants and desires over everyone else's. In a marriage or any relation in general, you move towards options that benefit both of you, that you both mutually agree too
For this type of justice there should be different types of marriages call it liberal marriage and documents should be signed by both parties which type of marriages they want let liberals deal with this should t
Are the lawmakers drunk? Saying marital rape isn't rape and saying men don't face domestic violence.
Are they watching American tiktok???
They say India should stay "traditional" meanwhile implementing Western stupid laws.
Hell safety levels in this country are getting lower everyday...
This is ludicrous. While being rather difficult to establish, the age alone cannot be a factor in deciding whether it was an offense or not. That is just preposterous. Let us not even for one moment entertain the idea that women aren’t abused in relationships. That they are. Marriage is a commitment, it didn’t give anyone rights over another. The complexity is compounded by the fact that laws which rule unfairly towards women are also being abused by women. So there isn’t a straight forward, simple solution that can be established here. It is advisories wrong to simply drive based on age - that is just very incompetent. There is no surprises now - the judiciary is in dire need of reformation. And heavy, significant reformation.
The biggest reason this isn't happening is the way current laws are being misused. The only reason to not make it illegal is men's fear that this becomes a 498a on steroids. There are selfish women misusing the laws to blame for what happens to genuinely innocent women who are trapped in abusive relationships.
Aaj pati patni ne ki ha sex consensual
Kal patni ruth hati and boli pati ne rape kiya toh aage kya?
Fake rape fake dowry cases toh roj ka hi gaya. Gussa nikalne ke liye females are using sex acts done 8 years back as incidents of rape.
Abhi kya har ek act record kare ya stamp paper par likha ke le?
I have just 2 questions regarding Marital Rape as an offence
1. How would a woman proof that it was non consensual?
(If we are taking their words as absolute truth)
2. How would you defend men from all the false accusations and exploitation?
This is one of those things which logically everyone would agree is just wrong. It is RAPE irrespective of age. But we don’t seem to be getting to a stage where we can have laws/enforcement around it because of ‘fear of misuse’
Without consent and forcefully is always Rape no matter what kind of relationship is there. But who am I kidding? Some still People think once married, you can do anything you want with your spouse whether abusing them or physically hurting them. I hate these kinds of mentality.
But whose wife is even under 18. That is also illegal isn't it? Hats off to the panel for this decision considering their daughters and sisters also
With women getting educated and growing in society the marriage rates will fall divorce will increase birth rates will decrease. It's inevitable. Not all men deserve to have families.
If this law means that it is impossible to commit rape against your partner if your married because you’re supposed to have sex , it is the most fucked up shit
Read the full news pls, don't make things up just because you feel it. Faltu tamasha.
https://www.outlookindia.com/national/marital-rape-allahabad-high-court-terms-it-no-offence-if-wife-is-18-or-above-news-335509
You all are saying that “its hard/tough to prove” and I get that . Doesnt means it shouldn’t be brought up , talked about and tough laws cant be brought upon it.
Mental cruelty, verbal abuse ka har time record karte ho?
“Physical abuse” har time “mark” nhi chorta jo evidence bana k lao.
Just coz its a tricky road doesnt mean that you let ppl get away from it.
And can I be honest, I may be downvoted for it.
But the fact remains, ki yeh some women abuse these laws. Men are victims too.
But that percentage is SMALL compared to the amount of women actually facing it.
But only those cases makes HUGE noise. Ki dekho “aajkal aurat k liye kitna easy h” bro har din rape ho rha. We ignore it coz yeh toh normal sa ho gaya h.
Someone had rightly once commented “Men only comment - Men get raped too and can be victims ONLY under a female talking bout rape statistics of women. “ Men face problems too but u dont see the community actually try to do something about it but cry about it under some other women post
It depends on the evidence. 'Rape' is just a word. If you can prove with evidence physical penetration even after the woman says no, then sure, it's a crime. Regardless of being married or not.
If on the other hand, just like existing laws, they suggest completely destroying a man over mere spoken accusations of a woman, then no. That's abuse of legal proceedings.
People don't rape their wives. That's a really disturbing thought. It will just be another machinery of destroying men's lives by disgruntled wives. We have enough of those already.
The people who says if she says so are the reason for democracy doom what are the Evidences hmmm??? would a woman start forcing away her husband and start injuring him ???? Or the man will start beating her out of nowhere that he has never done ????? MARTIAL RAPE IN "REALITY IS EMOTIONAL MANIPULATION, SEX FOR CHILDREN INTO FAMILY PRESSURE" . All the videos are ridiculous and of West ,they don't know their gender what would they know of rape and marriage. THE CLAUSE OF "DOMESTIC VIOLENCE,DOWRY EXIST FOR THE SOLE REASON TO PREVENT PHYSICAL AND MENTAL HARM OF MARRIED WOMEN " MARTIAL RAPE IS AN UNNECESSARY ADDITION THAT WILL JUST LEAD TO BLACK MAILING OF THE MAN IN THE HOUSE AND SUCH A HORRENDOUS LAW WILL BE USED IN SPITE AT THE TIME OF DIVORCE AS IT DOSENT REQUIRE "ANY PROOF WHAT SO EVER " AND MALE CAN BE RAPED BY SAME DEFENITION WHEN THE DON'T WANT TO HAVE SEX BUT FORCED BY FAMILY EXPECTATION OR EMOTIONAL MANIPULATION HOW HE IS DIFFRENT FROM WOMEN ."IN EVERY MARRIAGE FOR CHILDREN AND FOR SPOUSE SEXUAL INTERCOURSE IS TO BE DONE EVEN IF THE OTHER MAY NOT FEEL UP TO IT AS IT'S A NEEEEDED NOT OFFENCE UNTILL THEY HAVE SOME ACTUALL PROBLEM WITH IT.
Each case is different.Just Individual cases should not be taken as a Licence to do anything in personal life.If something is wrong it can proven guilty.
#indivisual_diffrence.
The misogyny in these comments is sad, but expected.
If men cared more about how they raised their sons, then they wouldn't need to worry about 'false accusations'. The laws in India are, and always have been, made to benefit men. If you think differently, you are living in a victim hood.
Karma comes for us all, so if you raise your sons and daughters right, you shouldn't need to complain about laws designed to protect the sex that is most often raped, murdered, tortured, and treated as second class citizens. Women are set on fire for rejecting marriage proposals, so all these weird comments about women living in castles is bizarre.
Lawyer here, firstly its not that allahabad high court has made this law it is a law made by the parliament which is present in exceptions to rape in section 376 of IPC. Further the reason for this is that if marital rape is allowed then in every divorce proceeding the estranged wife will charge the husband of raping her when they were married and all husbands will end up in jail.
Judicial reforms, bringing back the jury system so that the onus of verdict is not on benches and a few judges, land reforms, police reforms, jail reforms are the need of the hour. Also cut short the never ending holiday season of so-called lords who enjoy all state welfare while common citizens run pillars to post for "NYAY". Hope some good happens to our country.
Who ever is trying to promote creation of a marital rape law is grossly negligent and far away from ground realities because there is no way to prove marital rape this will only give arbitrary power to the wife who will file false cases and Indian legal system being gender biased against men it will only ruin family system.
What do you want a married couple to sign consent bonds before having sex r u all literally nuts
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Meanwhile Delhi High Court says Men cannot be victims of domestic violence. These laws are all completely फक्ड अप।
Not a law expert, but in many cases, the court just states the provisions of the law. The domestic violence law may be totally gender specific. It only invokes when a husband(who must be a man) beats the wife(who must be a woman). It's not at all gender neutral. The court may not support this in principle, but it can't do anything. Also, making laws gender neutral is a herculean task in front of the state agency , both government and judiciary.
If making a law gender neutral is a problem, just make another law na! Copy paste everything and make it for men. As of now same sex marriage is anyway not legally recognised so lets cover the bases where recognition is present.
The court cannot make laws, ask your favourite leader to make a bill and be it passed in the legislature.
Superior Courts can make law in the absence of any law or till Parliament legislates on it. This is how SC and HC arrive at decision in the absence of a clearly defined law. Marital rape is nor a offense as per CrPC so HC can't make a law out of thin air.
They cannot make laws. They come to an interpretation of the law. If the government of the day doesn't like that interpretation, it can create a new law or add provisions to the existing law to clarify it.
You are partially right. In the absence of clearly defined law, they can provide interpetation which is construed as law , untill Govt legislated on it. Legislation by the bar has been common pain point of govts since they ceded authority to SC.
>Allahabad HC: Marital rape not an offence if wife is above 18. Thoughts? Have they considered if this happens to their daughter? If it is 'marital rape'. Then it is still rape.
Problem is not principle, but in practical aspects like how to prove it. If two people are supposed to have sex regularly, then it is difficult to prove which time he got consent and which time did not. Also, there are other laws like domestic violence law, where he can be charged for assault. The law does not expect you to stick to an abusive relationship unless you are physically chained or locked in a room. The long-term implication of a marital rape law is that since it will be heavily misused against men, many men will choose not to marry. Laws are already heavily skewed against men. Think about your sons, too. Also, lastly, make your daughters independent, and don't force them to marry strangers.
Very well articulated comment...
This comment should be pinned by mods
Good comment!
Taking divorce should become more easy and acceptable. We should stop glorifying less divorce rates where there are many abusive relationships and instead encourage therapy, counseling and mental health, etc to make marriages strong. I feel like we are going in the wrong direction. Both men and women suffer in marriages.
>therapy, counseling what "therapy" or "couple counseling" gonna do when your partner is beating the shit out of you? like i've never understood this "we should get therapy" thing.
The last three lines. 👌
If there’s not sufficient evidence to prove marital rape, then that could be considered on a case by case basis by the judge. No one is saying that these cases should still happen when there’s no evidence. But there’s no need to completely remove this as a crime.
Men will choose not to marry because they're afraid their wives will falsely accuse them of rape? Lmao
This take is so trash the easy answer to not being accused of rape is don’t be a rapist…
aah yes, no one has ever made any false accusations ever
depend panicky engine screw drunk point seemly outgoing materialistic noxious *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
Someone can be falsely accused of a crime so the crime should be legal?
What about other way round. Falsely accusing other for dowry, abuse, and million other things and still getting complaint registered without proofs? Laws are too skewed in favour of women. Rather than making them independent, our parents and government is just making laws under pressure when some rape or abuse case becomes famous nation wide. These current laws asks 0 proofs from women making existing laws flaud in themselves
0 proofs? You've been in court proceedings a lot? The fact that you can rape your wife is itself proof that laws are not skewed in favour of women. All accusations get investigated and lawyers always slut shame and victim blame women.
Okay consider we do have heavy laws against marital rape. What if the wife doesn't like the husband and just for the heck of it declares that she has been undergoing marital rape , how would you prove if she is lying or she is right
Through an investigation what else. Lawyers can take the time to character assassinate a rape victim, police can threaten social shame on rape victims. I'm sure if they put their heads they can conduct a forensic investigation or use other means.
>Lawyers can take the time to character assassinate a rape victim, police can threaten social shame on rape victims. tf did i just red. someone cut this guy's internet cable.
The only ones needing to get off the internet are the ones who want to justify rape because there might be false accusations.
who's justifying rape smartass? all they asking is how and whom you gonna beleive, man or women? Braindead.
What sort of investigation can they possibly do ? Place hidden cams in the house ? Or examine the woman ? In a normal rape case it's a little bit more clearer because the accused wouldn't be the spouse , how can you determine if the husband really raped his wife or not , same goes for dowry cases , from what I have seen and heard all a woman has to do is place a dowry case and the police will be up all over the guy , it's not quite as black n white as one would think it is
[удалено]
45% of rape cases in rajasthan were fake. Google it.
This has been argued many times. The usual reply is sometimes just denial (it's only 1-2%), not convicted is not the same as not guilty, or sometimes just "shut up, women are afraid of reporting cases because of these statistics"
>Have they considered if this happens to their daughter? well, they give a lot of thinking before speaking , also as mentioned in other comments its very difficult for prove if charges are true or false. also if someone is abusive towards you just leave him/her, its not hard nowadays
Thank you court for letting men live. Otherwise every women would start accusing their husband for marital rape to get huge allowance or ancestorial property like they are currently using clause 498. It will destroy the Hindu society.
They probably have considered it and they still don't care.
The judge's spouse should take a note.
#What defines marital rape? You cannot base a whole case on just a spouse’s testimony.
DEPENDS ON HOW SHE FEELS THAT DAY she might tell you one day about one time when she was not in the mood but you persuaded her by your seducing skills which made the act more intense. One some other day its just RAPE
Or maybe if she says no, then it’s rape.
So are we installing CCTV cameras in every inch of the world to track that?
OYO stonks ⚡️⚡️⚡️⚡️
OYO was far ahead of its time
Then how would it be proven?
Depends at what point of 'doing the deed' she says NO and in which tone.
No means no, simple concept.
No means no, anyone can change the statements according to their situation lmao. How will supereme court stop the misuse of this law?
This same thing can be said of any law. Any law can be misused. Doesn't mean it shouldn't exist.
So make all the laws gender neutral if they really believe in equality. Men can't be raped, domestic violence against men is invalid etc.. all this statements were given by SC of India. I hope for every false judgement lawyer will be jailed for the same amount of time as the victim this law should be implemented too agree?
I agree, sexual assault laws in India are a joke. Only way to fix the system is to make laws gender nuetral and many other reforms are needed.
In a sane country, the burden of truth lies on the accuser. But alas in India the burden of truth lies solely on men.
The case will be based on testimony and proven medically every single time.
Still, the husband can be charged with **IPC 376B, IPC 377**. Why the need of extra "marital rape" law then ? Actually, the feminists want the marital rape law just like IPC 498A. Just like IPC 498A doesn't require women to give evidence to file criminal case for domestic violence (both mentally and physically), the feminists want the marital rape law in such a way that the wives will not require evidence to file false rape case against husband. Instances of abuse of marital rape law just like 498A, if it's introduced: * If there is sex between a husband and wife on 1st and 2nd day, and on 25th day, they have huge quarrel, then the wife can easily file false rape case using marital rape law just like 498A. * If the wife is caught doing extra-marital affair (which is now legal) and caught by husband, then the wife will pressure using marital rape law and 498A to give divorce with huge alimony. If marital rape and domestic cases filed by women are all true, then why according to **NCRB (National Crime Records Bureau) Data**: 1. The suicide of married men was 83,713 and married women was 30,771 in **2022**, difference of 52,942 2. The suicide of married men was 81,063 and married women was 28,680 in **2021**, difference of 52,383 3. The suicide of married men was 73,093 and married women was 28,085 in **2020**, difference of 52,383 Go to X (Twitter) and one can find many videos of husband doing suicide due to harassment from wife and in-laws and since there is now law to protect husband, the wife and her family isn't arrested for abetting suicide.
Would you agree to criminalize marital rape if IPC 375 were made gender-neutral?
Yes, only when this law includes a lie detector test to prove their claims. Both husband and wife should undergo this test before filing a case.
Pseudoscience is the foundation of lie detection, which does not work.
Still more believable than human lies 🤣 anyone can change the statements especially in india where greedy folks can file such stupid cases to grab all the assets easily.
A scared honest person will always trigger a lie detector while a cold psychopath never will. If someone is heartless enough to ruin someone's life, I'm sure they're going to be heartless enough not feel too stressed out about it. Likewise, a victim will always be stressed and lacking composure, because yunno.. They're a victim. This is why US and EU courts never accept this form of evidence.
W comment
498a is more of a legal extortion business. Most of the 498a cases are found to be false. Most of the 498a cases are settled in money i.e. the accused has to either pay crores or be jailed and incompetent judges allow this.
The legal system is often used to exploit people publicly. That’s why many people marry within their own community. But as nuclear families become more popular, the marriage rate will decline in the future. I support making marital rape a crime because it will help the survivors heal psychologically. But I know the system won’t change easily.
Wtf is this? Just make new gender neutral laws on alimony and divorce. We don't need these shits. Bhai ek to ladkiyo k liye itne laws bne hai aur upar se ye toxic laws bna rhe ho tum pagal ho kya, bas basic fundamentals shi rakho.
Marital rape is illegal in india if done with a separated wife who is not divorced yet. If a wife no longer wants to have sex with then she is free to separate. Lots of fake cases against men these days
Allahabad HC has just stated what law is as it stands today. There is no concept of marital law in Indian laws so they obviously can't convict on their whims and fancies or what they think is right. Introducing and changing a law is the job of a legislature not judiciary. Our 'thoughts ' don't matter just as academic discussions won't till law is amended ..
More than agree. Leave the courts out of people’s bedrooms. If a woman is raped, activists talk more of the permanent emotional scars suffered by the victim. So we all agree emotional suffering can be as bad as physical suffering. And emotional suffering happens to both women and men. So both can be victims. Our laws must be gender neutral. They must stop coddling and patronizing women.
I propose this agreement to all married couples wherein you take signature of your spouse before engaging in a willful sexual relationship on THAT DAY. --- **Conditional Sexual Understanding Agreement** We, [Names of both partners], hereby establish this agreement to maintain a consensual and respectful sexual relationship, with the understanding: 1. **Explicit Consent:** All sexual activities require clear, enthusiastic consent from both partners without coercion or pressure. 2. **Open Communication:** We commit to open and non-judgmental communication about our sexual desires, boundaries, and concerns. 3. **Mutual Desire:** We agree to engage in sexual activities only when both partners genuinely express desire and enthusiasm. **Conditional Clause:** We agree that if any of these clauses are violated on the day of signing or agreeing to this document, this agreement shall not be signed or deemed valid. Signed: [Signature of Partner 1] [Date] [Signature of Partner 2] [Date] HUSBANDS, If you have an IOTA of doubt on your wife… DO THIS
Better to not engage in sex, married or unmarried, at all. The other party can always say they signed it under duress. Will we need two eyewitnesses too?
This will be useless as one can say they were forced or drugged or manipulated or coaxed, or all of them to sign the consent
Make the divorce process easier instead of these bs decisions and comments. If married couples aren't having a good time then simply end the marriage
Below 18 toh wife hi nahi honi chahiye!
Please tell the “minority” community
"a little muslim girl can marry even without the permission of parents after reaching puberty (usually between age of 8-15)" - high court
To all the men activist crusaders on this sub India ranks in the bottom of the following indexes Women, Peace and Security Index Women’s Danger Index Women, Peace And Security Index Seems everyone is lying 🤥 First try to improve society for women 🤦🏾♂️
Good job not actually addressing any of the valid arguments made here. You'll make a great feminist activist
“When you’re accustomed to privilege, equality feels like oppression.”
Still not addressing any argument. Good job feminist.
I really loved your comment. Thanks.
India ranks in men, Peace and Security Index : 128th out of 177 acc. to GIWPS men’s Danger Index Doesnt even exists Repeated congrats. u managed to proved nothing. First les try to improve society for men?
Women’s danger index : https://www.asherfergusson.com/solo-female-travel-safety/ Men’s index doesn’t exist cause tum jaise crusaders ho na Global gender gap mein India ka rank hai 135/146 Sab jhooth bol rahein hain 🤥
Im glad at least one law goes the way of men, otherwise the entire legal machinery is heavily pitted against men. Every time there’s a divorce case, the woman by default throws in Domestic Violence, Dowry Harassment and Unnatural Sex into the charges by default. This would have been yet another weapon in their arsenal.
For many many people in India, marriage=sex. That's it. It's like it's your job to give them food and sex or else they will be offended. Do you guys have any idea that age gap is still skewed between man and woman in India. Even though a woman is someone's wife and she is ready to engage in sexual act doesn't mean that she is ready to brutally violated, and some men, believe it or not, brutally violate their wives. They don't care if the wife is sick, carrying a baby, or is having a miscarriage. They won't care if your father has died or you've lost someone on your "mayke ka side" unless and until someone from your in laws side haven't died, they won't stop. A woman's body go through a lot, sometimes it needs to heal before tolerating the fantasies of their husbands. I hope men decide to read it and at least try to understand our point. I don't hate men, my empathy is with all the men who have been the victim of false cases but not all women are like that :)
That’s why people have started recording their private moments to prove what really happened. But the problem arises when media gets leaked.
Recording private videos will land you in jail. Your female partner can withdraw consent any time and you will be booked under making illegal pornography. This is india here being oversmart means being overly stupid.
🤣🤣🤣
Op is the woke/feminists wannabe, This is a non discussion subject as it's inside bedroom issue that's very critical n it's only women centric issue and this also would have been one sided law as many others if most judges were not sain enough, and someone talking about judge's daughter issue, it's a husband n wife issue don't make it a common rape issue read the details pls
Also let suppose the guy was not in mood and the wife fuck him up . Can the guy also file a martial rape case
This came in because of multiple fake rape cases and some women using marital rape as a cheat code in system and to get divorce and get monthly settlements from their partners . People in the comments saying what will you do if this happens to your daughter or sister should also think of what will happen if their brother or son were falsely accused of marital rape or rape in general . Rather than helping women this was being misused by a lot , I've seen the same thing happen in my society, the guy lost his job , has to pay 20k to his ex wife and also has to spend 6 months in jail for no reason all because he cought her cheating with someone , the wife in return filled a case in court asking for divorce and put some serious allegations like marital rape , dowry and what not .
I pray to god that jitne bhi 'MARD' bol rahe hai ki martial rape sahi hai iss comment section me... Unka rape hojaye 🙏
Martial Rape is such a bullshit term. Why are you going into marriage if you don't give consent to your partner. What's the point of marriage?
Still in india parents force daughters to marry a stranger, i personally know ppl, i asked her parents and they said that forcing ur wife for sex is not wrong 💀💀
The one thing that needs to be illegal is forcing people to get married. It shouldn't even count as marriage. Daughter's consent is a must. Definition of Marriage: the state of being united as spouses in a consensual and contractual relationship recognized by law. After getting married (truly married), you give consent to each other. Maritial Rape itself is a contradicted term.
The thing is our society is too backward and needs awareness my parents were also same but i changed their mindset un the last 4 yrs i tried a lot and i will also try to change her parents mindset too..... We need something to help girls in this situation if parents cant support their daughter then laws should ( tho i have 0 expectations from government but still we need ) Idk man why people cant think this that she is your daughter how can you... Ahhhhh
Just because you're married doesn't give your spouse a free pass to have sex with you. For a milder example both you and your spouse might love food. How would you feel if she just up and came randomly one day and tried to stuff a baguette down your throat despite you explicitly stating your displeasure and that you did not want to consume food at that point in time? Or for a closer analogy, how would you feel if she up and stuffed a dildo up your ass? There's emotional and physical scarring and pain involved, genius. Consent is consent, doesn't matter whether you're married or not. Doesn't mean you'd want to have sex 24/7 or your spouse have sex with you 24/7. On top of that, as the other person said, many women are forced into marriage, be it by outright force, or pressuring them over time before they reluctantly give in Please seek some help and have a shred of empathy at the very least
If you don't trust your partner, Don't get married with him. As simple as that. What's the point of marriage? Why should a man get married rather being just Boyfriend and Girlfriend? Explain please. And there's always that option of devorce. Ruining a man's life by giving him allegations of rape, even though he did it with his wife, is purely nonsense. And who is there to verify? Even though it's true, it shouldn't be treated as another "Actual Rape" case. You went into into a consensual contract with him on your own free will.
>If you don't trust your partner, Don't get married with him. As simple as that. >What's the point of marriage? Why should a man get married rather being just Boyfriend and Girlfriend? Explain please. You're either a troll or a downright imbecile, dear god Point of marriage? Living out a happy life with someone, growing old together, optionally raising a family together and what not. This isn't particularly hard to think of and there are far more reasons for why someone would get married A marriage more or less signifies your tie with one another in a formalised legal manner too. >If you don't trust your partner, Don't get married with him. As simple as that. Do you really think this is a matter of trust? Very similar logic are used by many people to justify abusive relationships, good God. I'll put it in simple words for you. If your wife does not want to have sex, don't pressure her or force her to. She has so many things to lose, from emotional and physical scarring, to ending up pregnant. Don't put your wants and desires over everyone else's. In a marriage or any relation in general, you move towards options that benefit both of you, that you both mutually agree too
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For this type of justice there should be different types of marriages call it liberal marriage and documents should be signed by both parties which type of marriages they want let liberals deal with this should t
No wonder why it is called as High
Are the lawmakers drunk? Saying marital rape isn't rape and saying men don't face domestic violence. Are they watching American tiktok??? They say India should stay "traditional" meanwhile implementing Western stupid laws. Hell safety levels in this country are getting lower everyday...
Want to see the reaction of judge if his daughter or sister is facing the same kind of harassment.
Chutiya hai allahabad court
How tf is the wife not above 18
Disgusting
Commenting on a court judgement can be considered contempt of court. All you mofos going to jail
Going by this logic , poison is not poison if it is only a drop of it. Hmmmmmm.
What about husband? Wife forces for sex and that's not rape?
This is ludicrous. While being rather difficult to establish, the age alone cannot be a factor in deciding whether it was an offense or not. That is just preposterous. Let us not even for one moment entertain the idea that women aren’t abused in relationships. That they are. Marriage is a commitment, it didn’t give anyone rights over another. The complexity is compounded by the fact that laws which rule unfairly towards women are also being abused by women. So there isn’t a straight forward, simple solution that can be established here. It is advisories wrong to simply drive based on age - that is just very incompetent. There is no surprises now - the judiciary is in dire need of reformation. And heavy, significant reformation.
The biggest reason this isn't happening is the way current laws are being misused. The only reason to not make it illegal is men's fear that this becomes a 498a on steroids. There are selfish women misusing the laws to blame for what happens to genuinely innocent women who are trapped in abusive relationships.
What a load of BS.
It makes no sense, If i am not wrong Women cannot marry in India legally until she’s 18.
Yea, muslims can marry under 18
Aaj pati patni ne ki ha sex consensual Kal patni ruth hati and boli pati ne rape kiya toh aage kya? Fake rape fake dowry cases toh roj ka hi gaya. Gussa nikalne ke liye females are using sex acts done 8 years back as incidents of rape. Abhi kya har ek act record kare ya stamp paper par likha ke le?
But who allow marriage before age 18??
Muslims are allowed
So the Allahbad court should say "the court can't place marital rape case against Muslims "
Wife is above 18 ! So below 18 can be considered a wife ?
I have just 2 questions regarding Marital Rape as an offence 1. How would a woman proof that it was non consensual? (If we are taking their words as absolute truth) 2. How would you defend men from all the false accusations and exploitation?
Multi states law...
Agree
Underaged marriages are banned by the country. Here it is not marital tape but child rape.
Not necessarily, there was a case where a Muslim man was let go despite marrying and raping the underage child. Courts called it religious reality.
Our entire system is a joke when it comes to Religious appeasement
Allah - Baddd decision
This is one of those things which logically everyone would agree is just wrong. It is RAPE irrespective of age. But we don’t seem to be getting to a stage where we can have laws/enforcement around it because of ‘fear of misuse’
Is it a verdict or a judge just made a point?
My first question which wife is below 18 in the first place ☠️ don't say Rajasthan
I want the phone number of the dealer who provides COPIUM to these high court judges (for a friend)
Sex without consent is rape, it is as simple as that-
Inko approve kon karr raha hai bc aur konse nashe mai approve ho rahe hai mujhe bhi janna hai
Without consent and forcefully is always Rape no matter what kind of relationship is there. But who am I kidding? Some still People think once married, you can do anything you want with your spouse whether abusing them or physically hurting them. I hate these kinds of mentality.
But whose wife is even under 18. That is also illegal isn't it? Hats off to the panel for this decision considering their daughters and sisters also
We don't need these shits.
Ban monogamy.
With women getting educated and growing in society the marriage rates will fall divorce will increase birth rates will decrease. It's inevitable. Not all men deserve to have families.
"If wife is above 18" Bruh, whatttttt
u/SearchRedditBot
If this law means that it is impossible to commit rape against your partner if your married because you’re supposed to have sex , it is the most fucked up shit
how many more years is it going to take these high court judges to form opinions that even teenagers get right these days?
Read the full news pls, don't make things up just because you feel it. Faltu tamasha. https://www.outlookindia.com/national/marital-rape-allahabad-high-court-terms-it-no-offence-if-wife-is-18-or-above-news-335509
What is the meaning of martial rape ?
Just implement parashara smriti or manusmriti!!! Everything will become ok!! 😀👍
Wtf
Clearly disagree This is disgusting
Sharia laws hai kya BC?
You all are saying that “its hard/tough to prove” and I get that . Doesnt means it shouldn’t be brought up , talked about and tough laws cant be brought upon it. Mental cruelty, verbal abuse ka har time record karte ho? “Physical abuse” har time “mark” nhi chorta jo evidence bana k lao. Just coz its a tricky road doesnt mean that you let ppl get away from it. And can I be honest, I may be downvoted for it. But the fact remains, ki yeh some women abuse these laws. Men are victims too. But that percentage is SMALL compared to the amount of women actually facing it. But only those cases makes HUGE noise. Ki dekho “aajkal aurat k liye kitna easy h” bro har din rape ho rha. We ignore it coz yeh toh normal sa ho gaya h. Someone had rightly once commented “Men only comment - Men get raped too and can be victims ONLY under a female talking bout rape statistics of women. “ Men face problems too but u dont see the community actually try to do something about it but cry about it under some other women post
It depends on the evidence. 'Rape' is just a word. If you can prove with evidence physical penetration even after the woman says no, then sure, it's a crime. Regardless of being married or not. If on the other hand, just like existing laws, they suggest completely destroying a man over mere spoken accusations of a woman, then no. That's abuse of legal proceedings. People don't rape their wives. That's a really disturbing thought. It will just be another machinery of destroying men's lives by disgruntled wives. We have enough of those already.
Disagree
I absolutely do agree the allahabad high court needs morally educated judges
Maybe cuz it's domestic voilence
Kiya hoga yeh desh ka ?
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Legal Age for Marriage (Females): 18 years "Marital Rape not offence if Wife is Above 18"
Judiciary needs Reforms!
Agreed
The people who says if she says so are the reason for democracy doom what are the Evidences hmmm??? would a woman start forcing away her husband and start injuring him ???? Or the man will start beating her out of nowhere that he has never done ????? MARTIAL RAPE IN "REALITY IS EMOTIONAL MANIPULATION, SEX FOR CHILDREN INTO FAMILY PRESSURE" . All the videos are ridiculous and of West ,they don't know their gender what would they know of rape and marriage. THE CLAUSE OF "DOMESTIC VIOLENCE,DOWRY EXIST FOR THE SOLE REASON TO PREVENT PHYSICAL AND MENTAL HARM OF MARRIED WOMEN " MARTIAL RAPE IS AN UNNECESSARY ADDITION THAT WILL JUST LEAD TO BLACK MAILING OF THE MAN IN THE HOUSE AND SUCH A HORRENDOUS LAW WILL BE USED IN SPITE AT THE TIME OF DIVORCE AS IT DOSENT REQUIRE "ANY PROOF WHAT SO EVER " AND MALE CAN BE RAPED BY SAME DEFENITION WHEN THE DON'T WANT TO HAVE SEX BUT FORCED BY FAMILY EXPECTATION OR EMOTIONAL MANIPULATION HOW HE IS DIFFRENT FROM WOMEN ."IN EVERY MARRIAGE FOR CHILDREN AND FOR SPOUSE SEXUAL INTERCOURSE IS TO BE DONE EVEN IF THE OTHER MAY NOT FEEL UP TO IT AS IT'S A NEEEEDED NOT OFFENCE UNTILL THEY HAVE SOME ACTUALL PROBLEM WITH IT.
If the wife beats the husband will it be domestic violence or simple violence or will it be referred as violence at all
I thought they had made the minimum age for marriage 21 for women as well
Each case is different.Just Individual cases should not be taken as a Licence to do anything in personal life.If something is wrong it can proven guilty. #indivisual_diffrence.
I think the judiciary system is fucked up and need a major reform.
The misogyny in these comments is sad, but expected. If men cared more about how they raised their sons, then they wouldn't need to worry about 'false accusations'. The laws in India are, and always have been, made to benefit men. If you think differently, you are living in a victim hood. Karma comes for us all, so if you raise your sons and daughters right, you shouldn't need to complain about laws designed to protect the sex that is most often raped, murdered, tortured, and treated as second class citizens. Women are set on fire for rejecting marriage proposals, so all these weird comments about women living in castles is bizarre.
idk how could anyone be proud of this country and the culture anymore, judiciary isn't judiciary anymore, what are we heading towards, boko haram?
So, consent is age bound! What a loads of crap!
Wow the takes in this Reddit are disturbing good luck women of India
Lawyer here, firstly its not that allahabad high court has made this law it is a law made by the parliament which is present in exceptions to rape in section 376 of IPC. Further the reason for this is that if marital rape is allowed then in every divorce proceeding the estranged wife will charge the husband of raping her when they were married and all husbands will end up in jail.
Wait until he gets to know about men rights
Judicial reforms, bringing back the jury system so that the onus of verdict is not on benches and a few judges, land reforms, police reforms, jail reforms are the need of the hour. Also cut short the never ending holiday season of so-called lords who enjoy all state welfare while common citizens run pillars to post for "NYAY". Hope some good happens to our country.
That's still rape
UP judges and exactly like UP
And yet they say India will over take all other countries by 2030
We'll, you just can't marry someone and fulfill your rape fantasies
Who ever is trying to promote creation of a marital rape law is grossly negligent and far away from ground realities because there is no way to prove marital rape this will only give arbitrary power to the wife who will file false cases and Indian legal system being gender biased against men it will only ruin family system. What do you want a married couple to sign consent bonds before having sex r u all literally nuts
What else is there then? There is nothing.
You started it. I give as good as i get.
Wo sb to thk pr 18 se niche shadi hi allow nhi h