Marital rape not legally recognized

I feel that it is a very difficult issue because at point does it become rape within a marriage ? Unless there is physical abuse and violence involved it becomes difficult to prove even if it is rape.Hence both the husband and wife can take advantage of this ..

It is difficult to decipher but still there might have happening this incidents so this issue needs to be taken carefully. 

usha manohar wrote:

I feel that it is a very difficult issue because at point does it become rape within a marriage ? Unless there is physical abuse and violence involved it becomes difficult to prove even if it is rape.Hence both the husband and wife can take advantage of this ..

 

I see loopholes in the issue. Just on the lines of Dowry issue, it can be abused.

The best course will be to exclude 'marital rape' from Indian Penal Code but frequent coercive sexual assault may be a good ground for divorce. 

That comes under Domestic violence, which too has been abused. Some are using it for settling scores.

Rather a tricky issue, no surprises there for not getting recognised as a legal rape!. I guess it will take more time and many more gruesome cases for this issue to become legalised.

Kalyani Nandurkar wrote:

Rather a tricky issue, no surprises there for not getting recognised as a legal rape!. I guess it will take more time and many more gruesome cases for this issue to become legalised.

 

That is exactly what I feel...It is a well known matter that in more than 50% so called normal, happy marriages, the wife has no say where sex is concerned, she has to give in no matter what, she may be in pain, ill or may be exhausted ...But the husband expects her to co operate or he will force her because it is his marital right !!!!! Our laws are ancient and moth eaten and unless they update it so that both parties get justice, it will be the woman who will always suffer..

usha manohar wrote:

Kalyani Nandurkar wrote:

Rather a tricky issue, no surprises there for not getting recognised as a legal rape!. I guess it will take more time and many more gruesome cases for this issue to become legalised.

 

That is exactly what I feel...It is a well known matter that in more than 50% so called normal, happy marriages, the wife has no say where sex is concerned, she has to give in no matter what, she may be in pain, ill or may be exhausted ...But the husband expects her to co operate or he will force her because it is his marital right !!!!! Our laws are ancient and moth eaten and unless they update it so that both parties get justice, it will be the woman who will always suffer..

 Yes Usha and in majority families, the tendency is that the women should be submissive and that the men are always right. probably the reason why it might never get legal recognition.

Oh, men are so cruel! I feel women should immediately kick such men where they best deserve and go for divorce  (like the western women). This should solve the problem to a great extent.

suni51 wrote:

Oh, men are so cruel! I feel women should immediately kick such men where they best deserve and go for divorce  (like the western women). This should solve the problem to a great extent.

 

I know you say that in jest....But, it is true that women get a raw deal in most cases and unless laws are upgraded or changed to suit the present day needs marriage as an institution will become weak and the woman will be left with no other choice but to go in for a divorce 

If marital rape is included in IPC,  this will increase work for criminal/ family lawyers.  The advocates may suggest agreement/ affidavit on a notarized non judicial stamp paper declaring that the sex between husband and wife is out of free will of both and without coercion. 

It is a tricky question and perhaps am not sure difficult to prove.