Rational Nexus - #MarriageStrike and #MaritalRape

#MarriageStrike which has been trending on twitter from last few days is not just a mere hash tag but voice of millions of men. It represents a vociferous message by men of India to power holders that if they are pushed to corner they would protest, may be in digital world first, but if push comes to shove they would resort to protest on streets. There is a larger message here to famous three pillars of democracy - legislature, judiciary and executive - STOP.

For far too long in the name of women’s rights, affirmative action, in the grab of "constitution is feminist" (infamously articulated by an SC Judge once) and for many more other reasons rights of men are being trampled. In the name of giving (doling out may be apt word here) rights to women through laws/provisions net effect is rights of men are being taken away which is nothing but a message of oppression. If opposite side (mostly feminists) argument is accepted that in history women were oppressed, is the solution to now make women as oppressor and men oppressed that too in twenty first century by putting historical perspective at the centre? Answer is clear "No" yet that is what exactly biased laws/provisions do. Men are being pushed to total submission and if history has any lesson for us it is the start of an end.

Rational nexus (emphasised) between #MarriageStrike trending and timing of #MaritalRape PIL being heard in Delhi High Court can not go unnoticed. Succinctly, put case of petitioner represented by infamous feminist lawyer (amongst Men’s Rights activists) is that a non-consensual sexual intercourse or sexual acts by a husband on wife must fall under the definition of section 375 of IPC i.e. should be categorised rape. And counter argument is that it may be an offence covered under Domestic Violence Act , 498A IPC, 377 IPC etc. but can not be categorised under section 375 definition. So more than anything respectfully put it is an ego of petitioner represented by highly egoist lawyer that is at stake here. As rightly stated by one of the Hon’ble Judges in bench hearing the matter that they are not sitting to find ways to make non-consensual sexual intercourse or sexual acts by husband on wife, if true, as rape and to call it rape there must not be intelligible differentia and rational nexus to the objective of carving out exception in section 375 which provides immunity to husband from being called rapist. 

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Exception 2.Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape

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According to this blogger exception just provides protection to husband from being called as rapist and no which way provides immunity from prosecution, for offence committed, under common law (IPC read with CrPC) when wife already got immunity from being called rapist based on “non-consensual” sex with husband in section 375 of IPC itself. In fact, to go further wife got additional protection and for non-consensual sex with husband she can not be prosecuted at all under any category of offences. Other way of looking at it is that under Article 14 of constitution which speaks of equality before the law for equals (not for unequals) , man and woman are equal partners to marriage, exception just provides protection to man being called rapist in the light of woman is already protected under section 375 of IPC from being called rapist.

To end this blog I would like to reproduce a tweet which was an answer to a question “What the hell is a #MarriageStrike?” from a vocal Bollywood personality. And answer to the question can’t be more apt. Hence #MarriageStrike must continue until #MaritalRape PIL is junked.

MRA TIKLOO

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www.saveindianfamily.in

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