Monday, June 23, 2014

Marital Rape not in the ambit of Indian Rape Laws - Delhi Court

Marital Rape not in the ambit of Indian Rape Laws - Delhi Court

The below media discussion on Marital Rape was telecasted Live on Gender Discourse programme on Loksabha TV on 22nd May 2014. To be fair, gender biased and balanced this topic ought to be discussed with representation from both Men and Women Activists but as it always happen it was hijacked by strongly and heavily funded Feminists and biased media failed miserably to invite any of the Mens' Activists or Mens' right Organisations.

It was really heartening to see that being a live telecast the Feminists were openly nailed down by the Live callers who rightly highlighted out the correct positions of misuse of rape laws as in Part 1 of the below youtube video.

In Part 2 of the youtube video beside other callers, a Live caller was Shiva from Bengaluru, who seems to be a part of an organisation involved in protecting Mens' (Husband's) rights. Caller Shiva thwarted the feminists misleading propaganda and exposed the web of lies and sob stories. It was a strong message from Shiva that not only slammed the feminist panel and swept them off their grounds.

Radical Feminist thought they can do away without Mens' right representation and people will take their false propaganda.

This is a discussion another glaring example how media is blinded and episodes are openly hijacked by funded feminists.

Part 1 of 2

Part 2 of 2

Reference cases that aere under above discussion were reported in media as below

Court: Forced sex in marriage not rape

May 12, 2014, 03.44 AM IST
NEW DELHI: A court has acquitted a man accused of raping his wife, stating that forced intercourse with a woman does not amount to rape if she is married to the accused.

"The parties being husband and wife, the sexual intercourse between the two does not come within the ambit of the offence of rape, even if the same was against the will and consent of the victim," additional sessions judge Virender Bhat said while acquitting Vikash, who was charged with raping his wife.

According to the prosecution, the woman claimed Vikash sedated her and took her to the office of the registrar of marriages in Ghaziabad in an intoxicated state. He got the marriage documents signed by her on March 4, 2013. Later, Vikash raped her and then abandoned her, it said. The woman had filed a complaint at the Baba Haridas Nagar police station in southwest Delhi in October 2013.

"Thus, the prosecutrix (the wife) and the accused (Vikash) 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," the court said in its order on May 7.

"There is no clinching or convincing evidence on record to show that the accused had administered any stupefying substance to the prosecutrix (the wife) on March 4, 2013, before taking her to the Ghaziabad court," it added.

Vikash claimed innocence and said his marriage was solemnized on February 2, 2011 at the woman's house. Upon the insistence of his wife, he decided to get their marriage registered and went to the Ghaziabad court. Vikash alleged that his wife had framed him after he was unable to get his sister's house transferred in his name.

Source -

Another Case

Are marital rapes a myth? Forced intercourse in marriage not rape, trial court says

Jun 14, 2014, 02.53AM IST
NEW DELHI: Physical relations between a married couple, even if against the woman's consent, does not tantamount to rape, a trial court has said while acquitting a man of charges of raping his wife. Additional sessions judge Virender Bhat made the observations while freeing the man, accused of raping his tenant after marrying her. The man was also accused of raping the woman before the marriage.

"It is the case of the prosecution itself that the accused performed nikah with the prosecutrix in the house of his paternal aunt in presence of a maulvi on July 20, 2012. They were legally wedded husband and wife from July 20, 2012, and the physical relations between the two thereafter, even if against the consent of the prosecutrix, do not tantamount to offence of rape," the court said.

The court also said the woman's version of the incident was "suspicious" and far from being "credible or trustworthy". "The conscience of this court does not permit it to believe the version of the prosecution. The accused deserves to be given the benefit of doubt," the judge said.

According to the prosecution, the man, being the son of the woman's landlord, came to her house on July 19, 2012, and gave her an intoxicated drink after which she felt unconscious and he raped her. On the next day, he took her to his aunt's place, married her and raped her several times, it said. He later raped her at his friend's place and after sometime, he burnt their marriage documents and refused to take her to her matrimonial house, the woman claimed. Police said, when the accused along with his father and brother came to the woman to collect rent, they had a quarrel after which she lodged a complaint at Bindapur PS.

The court said the conduct of the woman in accompanying the man "voluntarily and willingly" the next day is highly unnatural. "It beats all imagination to say a rape victim would voluntarily accompany the rapist on the date after the incident," it said. The court noted that, in her statement before a magistrate, the woman had stated for the first time that the man would take her to the house of his friend at Bindapur daily where he used to have sexual intercourse with her. "These incidents of sexual intercourse appear to be consensual," it added.

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