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Criminalizing The Justiciallby Unjust Marital Rape

Should marital rape be criminalized the question has always been a hotly debated topic.

According to me and many women like me, yes this needs to get criminalized otherwise the very essence of laws which are framed for protecting the women would fail.

The law teaches us that even if hundred people who have committed a crime are needed to be set free, for the one who is actually innocent and suffering needs to be done and saved by law it demands and serves justice in all the aspects.

The only place where people have faith is within the judicial system when no one is going to hear their problems understand their situations, and no one is going to give them justice then they will approach the judiciary and the judiciary will make sure that they are entitled to free, fair trial and justice.

Gone are the days when women were treated as an object or property of her father or of her husband now woman is given the status of an individual and holds a seprate identity as an individual person and just because of a social institution like marrige such a social institution never gives a right to anybody to treat women as an object and to keep the consent of women as a mere option when it matters soo much before getting married each time before getting intimate a lawful consent is necessity,a consent is required each and every time before making any physical connection even if they are in a very intimate institutions as marriage or live in relationships that are given due importance and status of marriage in some cases etc.

This very mindset that after marriage a man can do whatever he wants,even without the consent of a woman is giving rise to a hefty great number of crimes in terms of marital rape which is not yet criminalized but this is the worst problem emerging and existing, I can explain this why I suppose a person is having a bad intention towards the woman because once he gets married to that women he thinks and assumes that that he is having a free licence for the whole lifetime or a free subscription for the life time to get intimate with woman whenever he wants,to even without her consent why because law as of now is not stopping him from doing so, which crushes the very spirit of the justice served by the rape laws that are framed along with the laws which are framed to protect and ensure the dignity of a woman.

Many defendants often claim that what if women are putting on the fake rape allegations, or complaining the fake rape cases the power can be misused yes I agree, but let us suppose if in a plane there are 10 terrorists who are demanding to set their imprisoned co- terrorists free, by leaving the 240 innocent passengers alive then what will you choose? Exactly that is my point just because of the evil minority you will not forgo and leave the innocent people similarly, the number of actual rape victims that suffer being innocent counting the number concerned with each day. Where in every 15 minutes a rape is committed and the number is even increasing now.

 I can assure you that these fake reporters are very limited and handful as compared to the actual victims and sufferers who are actually facing and suffering rapes every day in their married life just because it is not getting criminalized, Not just the man commits a crime and crushes the spirit of humanity,he also crushes the morality and sacredness of the bond of marriage, all the vows that are taken at the time of marriage go in vain when he cannot keep up those words, I can assure you that a man who rapes his own wife is a man of no values and cannot ever keep his wife happy because these relationships should be based on trust, happiness and love.

Not lust, misery, mental harassment, cruelty and objectification.

The man each time crushes the very spirit of the woman, the marriage, the justice and humanity at large. The only person she ( a wife) puts her faith in while leaving her father's home is her husband it is on his trust that she sacrifices soo much and inturn what does he do? fails miserably to keep up with her minimal expectations and duties as a husband, inturn gives her the most gloomiest experiences and live nightmares each day.

Torturing your partner when you are in such a relationship everyday is soo much more brutal and cruel that it feels to the victim whenever she gets raped, she feels dead inside and merely breathes each day and sleeps to this henious brutal crime every night. Also this crushes the very fundamental rights enshrined to us by our founding fathers in our constitution under Our right to equality which is denied soo cruely because in the marital rape the man takes away this very right of equality of status when he puts his lust over the consent and snatches the consenting power and confines it only to himself rather than being equal in the relationship, Also at times the movement of the woman is confined as she is restricted and locked in the room while commiting this henious crime not only this but the Article 21 which clearly states right to a dignified life is this the dignity one deserves after marriage when her very own husband rips off the very layers of her dignity each time?

My question is to those people who had such kind of questions that there is a chance of misuse do they not trust the judicial system, the judiciary leaves no stones unturned to ensure that no innocent person is been proven guilty in the court of law, the judiciary is serving and giving chances to each and every individual to prove that the crime is committed beyond the level of reasonable doubt.

These people if they are soo much concerned with the false reported cases, why are they being soo ignoring and unjust towards the actual sufferers and seeing only one side of the coin and sticking to the same notion?

Even if one court at all, delivers a judgement that is not in the favour of the accused I can only imagine that how all the three courts of highest prestige can pass a same judgement in this regard, the judiciary of a country is the highest institution when it comes to the legal system and serving justice and with full faith and belief, I can say that with the court trials that go on the judges ensure and satisfy their minds that the accused committed the crime beyond a reasonable doubt and is actually guilty.

Also I would like to tell you today that the laws which were framed, were framed in those times when women were objectified and were treated as a property they were seen as a mere thing to possess, and it can be said that it is on this basis that marital law is not yet criminalized because people still think that a woman is a property of her husband.

According to me, it will only be just and fair when The rights that are entitled to a woman are exercised in all the aspects irrespective of her social status or position, because after all a woman is just a woman and a natural person possessing the natural rights such as the basic fundamentals, and is having her individuality before belonging to any social institution be it marriage or any live in relationship not just marital rape has an adverse effect on her health and mental state it crushes her self respect self esteem and she feels trapped and caged in such kind of institutions.

Many of the defendants would say that if she is so much in trouble and pain, in her marriage then why isn't she getting divorced I would like to say that if she excercises her powers and gets divorced, then the society never fails to look upon at that woman with hatred in their eyes, pure hate comments on their lips they never fail to deliver judgements on a divorced women we are really living in a patriarchal society it is a high time we realise that a woman is judged by the length of her skirt, her conduct and her extrovertness.

To the society a divorced woman is a characterless woman as they pass the character certificate stating that surely the woman must be having an affair or absolutely the woman is not good enough to be a wife, and therefore, because of this pressure and knowledge that the society will never accept and encourage women to get divorced and will not accept the divorced women and disrespect her when she's already been through alot It is because of the after effects and these reasons that women are scared and do not get divorced because the thing is it goes straight up to question the upbringing by her parents, her family, and questions the very dignity of the women herself, the idea of separation seems to be a big deal for most of the women because of the societal pressure and therefore they are getting raped each night or maybe alternate nights then the mental condition would surely get affected and there is nobody with whom she can share the problem because the solution will never come to these women when the laws are not been framed till yet to protect her from these brutal and most cruel forms of crime that prevail and exist in the society, the very spirit of law is to safeguard people from all the kinds of crimes and the, social evils at large but is the law really being just when law is not giving protection to the actual needy women merely on the basis of marriage is marriage really a valid defence to commit a heinous crime like rape?

Only because something is not yet proved as wrong it doesn't comes across as right and rape as a crime will always be wrong, against women hood at large and would continue to be one of the most henious crimes wheather or not is committed in the highest social institution of marriage or not.

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