It is learnt that the Indian Judiciary has refused to declare the Social Evil of Marital Rape as a cognisable crime in the Indian Criminal Penal Code, simply because the Conjugal Relationship in Marriage is a Sacred Bond according to Indian Culture. The other unadmitted reason is that the wife is supposed to be a property and chattel of her husband and is obliged to serve him as a Sex Slave and Child bearing Machine, regardless of her own satisfaction – or suffering, whatever the conjugal relationship may bring to her! The Supreme Court’s Resolution, Not to regard Marital Rape as a Cognisable Crime Against Wives in the Indian setting, is therefore very unfair and callously unmindful of the Married Women’s Suffering. For, as a matter of fact, it is for this very ‘cultural’ reason that Indian Women, as it is, are already very hesitant to make legal complaint about this problem in their married life unless it is very grievous and unbearable, due to fear of Social Disapproval and Ostracism in this Patriarchal Society, just like in other cases of rape.
Yet, if the Indian Legislators are bent on taking a more lenient view of this form of ill-treatment of wives by their ‘Pati Parmeshwar’ or Shauhar, the minimum that they can do is to make Legal Provision for the Police and Courts to order Medical Examination of the plaintiff wife for any marks of violence or brutality on her person, including her Private parts, and if the same are found, declare the case as one of Marital Rape in that particular case at least (terming it as a case of Marital Violence like Wife- battering if they wish) , in the interest of Protection of Women’s Rights and Welfare.
If this much exemption is not made in the Laws relating to Forcible Sexual Imposition or Violence in marriage, it will breed general Dislike and Distrust instead of Love andTrust in the minds of Indian Women towards the Institution of Marriage and towards Men, as well as Lack of Concern, Love and Respect towards the wishes and Comfort of the Wife in the Attitude of the Men on the other hand, which will lead to practical legalisation of Sexual Slavery of Indian Wives in the name of Indian Culture ,thereby spoiling the Husband-Wife relationship in India, in the Long Run. For today’s women no longer need to be as dependent for their livelihood on their husbands as before.
Alternatively, the disillusion- ment in the minds of girls regarding the respect and concern of husbands towards their wives, and the well being of married women, will lead to their loss of respect and trust towards the Institution of Marriage, and give way to rise in the incidence of loose Live-in Relationships as in the Western Societies, for which Only our narrow-sighted, male chauvinist Indian Laws will be responsible!