Entertainment / Delhi High Court Ruling Forced Sex After Marriage Is Not Rape

Delhi High Court Ruling Forced Sex After Marriage Is Not Rape

Entertainment May 20, 2014

by Anokhi Admin

Delhi Court rules forced sex within marriage is not rape.

In a ruling made public on May 13, 2013, a Delhi judge ruled that if a woman is legally married, forced sex is not a crime. The law decrees that “The prosecutrix (the wife) and the accused being legally wedded husband and wife, and the prosecutrix being major, the sexual intercourse between the two, even if forcible, is not rape and no culpability can be fastened upon the accused”.

Earlier this month a woman was told by Delhi High Court that though she was allegedly forced into marriage and then raped by her husband, it did not legally constitute rape. This law is especially of concern as arranged marriages are still very prevalent within Indian society, and child marriage persists.

Common belief is that by not considering rape within marriage as an offence, it protects Indian traditional family values, and the beliefs that a husband is a woman’s sole provider and protector, and by her going against his values, she is thus challenging her husband. Indian courts can grant a husband a divorce if their wife is denying them of sex, as she is considered not capable of upholding her end of the marriage contract.

In India, there is a stigma to rape, whereby if a woman is unmarried and is raped, her reputation is tarnished. In order to protect her reputation, it is then considered appropriate to marry the rapist. The idea that it may be the woman’s fault is even depicted within Bollywood. Hamara Dil Aapke Paas Hai casts Aishwarya Rai as a woman who was raped, and given the option to marry her rapist, which she denies. Her family disowns her, as she is considered “unclean”.

In 2007, a man allegedly raped a 16-year-old girl, and then married her within her family’s presence before the conclusion of the trial. Imrana, a 28-year-old woman, was raped by her 69-year-old father-in-law in 2005, and was told by the local council that she should regard her husband as her son now, as her marriage to her husband was now void as she had sex with her father-in-law. Imrana’s husband stood by her side, and her father-in-law was convicted of rape and sentenced to 10 years in jail.

In 2011, the International Center for Research on Women stated that 1 in 5 Indian men had admitted to forcing their wives to have sex. In early 2000, a United Nations survey revealed that two-thirds of married Indian women reported having been forced into having sex with their husbands.

Though India has become stricter with laws on rape, including increased punishment for acid attacks, stalking, voyeurism and higher sentences for rape convictions, by not including rape as possible within marriage it is forcing married women to stay silent against abuse.

In order for India to be respected as a progressive country, shoudn't laws give women the respect and rights that they deserve?

Don't forget to drop us a line about the recent Delhi court ruling.

_{Featured Image: thedailybeast}

COMMENTS

IIFA To Premiere Anupam Kher's Film: I Went Shopping For Robert De Niro

Top Celebrity Tweets of 2013

Youngistaan's Jackky Bhagnani - A New Face In Bollywood

Interview With Shiamak Davar

Valerie Bertenelli Criticized For Recent Weight Gain

2014 MTV Movie Awards Highlights

Cinema and TV's Villains We Love To Hate

Nazneen Contractor Brought Back for Season 5 of Covert Affairs

Besharam/Shameless Celebrates 10 Years During South Asian Heritage Month

John Travolta To Attend 15th IIFA Awards

Social Media Fails

ZEE TV Awaaz Punjabi Achievers Awards

Celebrity Birthdays in May

IIFA 2014 Celebrates Indian Cinema In Tampa Bay

Bollywood Comedy 'Humshakals'

Kalki Koechlin Campaigns To End Child Sexual Abuse

Tips On Fighting Spring Allergies

Get Reel Digital: May's Top DVD Releases

What's Trending This Week?

Fenulla Jiwani On Her Upcoming Film 'Nobody'

The Best Gaming Consoles Right Now

The 2014 Billboard Music Awards

Unbelievable Marriages

Shah Rukh Khan Second Richest Actor In The World

ATN Celebrates 100 Years Of Indian Cinema

Kim Kardashian And Kanye West's Italy Wedding

desiFEST 2014: South Asian Music Ignites Toronto

Dumb Celebrity Quotes

Racists React To Indian-Americans Winning Spelling Bee

Summer Fun Facts

World Premiere: Rock Paper Dice Enter

Bohemia & Haji Singer To Release 'Preet' Featuring Pree Mayall

MuchMusic Video Awards 2014

Preity Zinta Files Complaint Against Ness Wadia

Fun Movie Facts

Scotiabank CHIN Picnic 2014 - The South Asian Lineup

Interview: Saif Ali Khan On 'Humshakals' The Comedy

Two South Asian Duos Make The Amazing Race Canada Season 2

CHIN Picnic 2014: Get Your Culture On

Rani Mukerji Is Back With Mardaani

Mallika Sherawat Accused Of Splitting Up Antonio Banderas & Melanie Griffith

Delhi High Court Ruling Forced Sex After Marriage Is Not Rape

by Anokhi Admin

Delhi Court rules forced sex within marriage is not rape.

COMMENTS

YOU MAY ALSO LIKE