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Judge Says in India #Husband Forcing Sex on Wife is Not #Rape!

December 21, 2012

New Delhi, December 04, 2012

While rape is the fastest growing crime against women and girls in India, and there has been a recent outpouring of rage on the streets of India by women, against the epidemic growth of rape and failure of the government to control it, we need to ask how institutionalized is rape in the Indian mindset and culture?

Here’s one case, which shows exactly how the Indian judiciary perceives rape.

In 2007 a woman had filed a case of rape against her husband, who forced sex on her against her wishes.  Recently,  District Judge JR Aryan discharged the case, saying that forcing sex on one’s wife does not amount to rape. He said, “[the Indian Penal Code] IPC does not recognise any such concept of martial rape.  If complainant was a legally-wedded wife of accused, the sexual intercourse with her by accused would not constitute offence of rape even if it was by force or against her wishes.” Full report here.

For other newspaper reports of incidents of violence against women and girls in India CLICK HERE. What are the 6 Ways Women and Girls are Killed in India? To watch a video CLICK HERE.

STOP THIS GENOCIDAL AND BRUTAL VIOLENCE ON WOMEN IN INDIA.  SUPPORT OUR PETITION FOR 3 IMMEDIATE DEMANDS FROM THE PRIME MINISTER BY CLICKING HERE

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5 Comments leave one →
  1. December 22, 2012 1:45 pm

    He’s no doubt correct in what he says- if the laws in India are not set up to protect women within marriage, there would be nothing else he could say. He’s not necessarily voicing a personal value judgement (although as I don’t know the gentleman personally, I couldn’t say, he may well be the world’s foremost misogynist) but I feel the title of the post is misleading – shock, horror, a man said a bad thing!

    Personally, I would like to see women arguing our case – forcefully, if needed – without resorting to techniques used by the gutter press worldwide. State the facts, they’re brutal and simple enough, and be assured that other women (and men) in the world stand with you in your cause, because the injustice of your situation is deeply shaming, not only in India, but worldwide.

    • December 22, 2012 8:53 pm

      @Rees: First of all rape within the marriage was made “illegal” in 2006 in India— see this Secondly, we don’t like your referring to us as “gutter press.” Want to support our campaign do so — but your attitude shows hostility towards Indian women for standing up for their own rights!!

  2. December 26, 2012 12:14 pm

    you meant marital, not martial…

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