TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    PM Modi Targets Mamata Government Over Misrule

    “Remove TMC, Save Bengal”: PM Modi Targets Mamata Government Over Misrule

    The Enforcement Directorate (ED) recently arrested Chaitanya Baghel, son of former Chief Minister Bhupesh Baghel

    Why Did ED Arrest Bhupesh Baghel’s Son? A Detailed Look at the Chhattisgarh Liquor Scam

    Rajiv Gandhi Buckled to U.S. Pressure in 1986 Cabinet Reshuffle

    Rajiv Gandhi Buckled to US Pressure in 1986 Cabinet Reshuffle: Nishikant Dubey

    Madras High Court Bars Nama Sankeerthanam in Residential Area

    Madras High Court Bars Nama Sankeerthanam in Residential Areas Without Collector’s Permission

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    AI Appreciation Day Celebrated Globally, Spotlight on Innovation and Ethical Progress

    AI Appreciation Day Celebrated Globally, Spotlight on Innovation and Ethical Progress

    India Achieves 50% Non-Fossil Fuel Power Capacity

    India Achieves 50 pc Non-Fossil Fuel Power Capacity, Five Years Ahead of Schedule

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    WiseProfitWay.com reviews – Trading Times

    WiseProfitWay.com reviews – Trading Times

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India Successfully Tests Prithvi-II and Agni-I Ballistic Missiles

    India Successfully Tests Nuclear Capable Agni-I & Prithvi-II Ballistic Missiles in Odisha, Strengthens Strategic Deterrence

    Successful Test of ‘Akash Prime Air Defence System’ in Ladakh

    Successful Test of ‘Akash Prime Air Defence System’ at 15,000 Feet in Ladakh

    CDS Chauhan: India Needs Tomorrow’s Tech to Win Today’s Wars

    India Needs Tomorrow’s Tech to Win Today’s Wars, Says CDS Anil Chauhan; Urges Indigenous Tech Push

    India-U.S. Set to Strike Javelin Deal

    India Seeks Javelin Missile Co-Production Deal with U.S. Under ‘Make in India’ Push

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    TRF Ban a Win for India: Renewed Momentum to Greylist Pakistan at FATF

    TRF Sanctioned: Will Pakistan’s Terror Nexus Drag It Back to FATF Grey List?

    US Declares Pakistan’s Lashkar Proxy TRF a Terror Outfit,

    Pahalgam Massacre: US Declares Pakistan’s Lashkar Proxy TRF a Terror Outfit, Cites Trump’s Justice Call

    Baloch Insurgents Kill 29 Soldiers: Pakistan Army Losing Control in Balochistan

    Is Balochistan Slipping Away from Pak? 29 Soldiers Killed as BLA, BLF Launch Simultaneous Attacks

    Khalistani Sympathiser with Anti-India Stance: Jasmeet Bains

    Khalistani Sympathiser with Anti-India Stance, Jasmeet Bains Aims for California Congress Entry

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    NCERT Textbook Reveals Mughal Religious Intolerance

    Ruthless Babur, Violent Akbar, Destructive Aurangzeb: NCERT Textbook Reveals Mughal Religious Intolerance

    India Built Gardens Long Before Babur Dreamt of Charbagh

    Before the Mughals: India’s Civilisation Built Gardens Long Before Babur Dreamt of Charbaghs

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Echoes of the Cholas in Today’s Bharat

    Conqueror of the Seas: Rajendra Chola and the Rise of Naval Bharat

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Karnataka Govt Blames RCB for Chinnaswamy Stampede

    Congress- led Karnataka Govt Blames RCB for Chinnaswamy Stampede, Cites Kohli’s Video in HC

    Ace Alliance: Accelerating Growth in the European iGaming Market

    Ace Alliance: Accelerating Growth in the European iGaming Market

    Addiction Recovery in India: Breaking Stigmas and Building Support Systems

    Addiction Recovery in India: Breaking Stigmas and Building Support Systems

    How Under Armour’s Women’s Sports Shoes Are Reinventing Women’s Fitness Experience

    How Under Armour’s Women’s Sports Shoes Are Reinventing Women’s Fitness Experience

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    PM Modi Targets Mamata Government Over Misrule

    “Remove TMC, Save Bengal”: PM Modi Targets Mamata Government Over Misrule

    The Enforcement Directorate (ED) recently arrested Chaitanya Baghel, son of former Chief Minister Bhupesh Baghel

    Why Did ED Arrest Bhupesh Baghel’s Son? A Detailed Look at the Chhattisgarh Liquor Scam

    Rajiv Gandhi Buckled to U.S. Pressure in 1986 Cabinet Reshuffle

    Rajiv Gandhi Buckled to US Pressure in 1986 Cabinet Reshuffle: Nishikant Dubey

    Madras High Court Bars Nama Sankeerthanam in Residential Area

    Madras High Court Bars Nama Sankeerthanam in Residential Areas Without Collector’s Permission

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    AI Appreciation Day Celebrated Globally, Spotlight on Innovation and Ethical Progress

    AI Appreciation Day Celebrated Globally, Spotlight on Innovation and Ethical Progress

    India Achieves 50% Non-Fossil Fuel Power Capacity

    India Achieves 50 pc Non-Fossil Fuel Power Capacity, Five Years Ahead of Schedule

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    WiseProfitWay.com reviews – Trading Times

    WiseProfitWay.com reviews – Trading Times

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India Successfully Tests Prithvi-II and Agni-I Ballistic Missiles

    India Successfully Tests Nuclear Capable Agni-I & Prithvi-II Ballistic Missiles in Odisha, Strengthens Strategic Deterrence

    Successful Test of ‘Akash Prime Air Defence System’ in Ladakh

    Successful Test of ‘Akash Prime Air Defence System’ at 15,000 Feet in Ladakh

    CDS Chauhan: India Needs Tomorrow’s Tech to Win Today’s Wars

    India Needs Tomorrow’s Tech to Win Today’s Wars, Says CDS Anil Chauhan; Urges Indigenous Tech Push

    India-U.S. Set to Strike Javelin Deal

    India Seeks Javelin Missile Co-Production Deal with U.S. Under ‘Make in India’ Push

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    TRF Ban a Win for India: Renewed Momentum to Greylist Pakistan at FATF

    TRF Sanctioned: Will Pakistan’s Terror Nexus Drag It Back to FATF Grey List?

    US Declares Pakistan’s Lashkar Proxy TRF a Terror Outfit,

    Pahalgam Massacre: US Declares Pakistan’s Lashkar Proxy TRF a Terror Outfit, Cites Trump’s Justice Call

    Baloch Insurgents Kill 29 Soldiers: Pakistan Army Losing Control in Balochistan

    Is Balochistan Slipping Away from Pak? 29 Soldiers Killed as BLA, BLF Launch Simultaneous Attacks

    Khalistani Sympathiser with Anti-India Stance: Jasmeet Bains

    Khalistani Sympathiser with Anti-India Stance, Jasmeet Bains Aims for California Congress Entry

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    NCERT Textbook Reveals Mughal Religious Intolerance

    Ruthless Babur, Violent Akbar, Destructive Aurangzeb: NCERT Textbook Reveals Mughal Religious Intolerance

    India Built Gardens Long Before Babur Dreamt of Charbagh

    Before the Mughals: India’s Civilisation Built Gardens Long Before Babur Dreamt of Charbaghs

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Echoes of the Cholas in Today’s Bharat

    Conqueror of the Seas: Rajendra Chola and the Rise of Naval Bharat

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Karnataka Govt Blames RCB for Chinnaswamy Stampede

    Congress- led Karnataka Govt Blames RCB for Chinnaswamy Stampede, Cites Kohli’s Video in HC

    Ace Alliance: Accelerating Growth in the European iGaming Market

    Ace Alliance: Accelerating Growth in the European iGaming Market

    Addiction Recovery in India: Breaking Stigmas and Building Support Systems

    Addiction Recovery in India: Breaking Stigmas and Building Support Systems

    How Under Armour’s Women’s Sports Shoes Are Reinventing Women’s Fitness Experience

    How Under Armour’s Women’s Sports Shoes Are Reinventing Women’s Fitness Experience

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Marital Rape Debate: The Side which traditional media won’t tell you

Abhishek Kumar Singh by Abhishek Kumar Singh
22 January 2022
in Opinions
Rape Indian Court
Share on FacebookShare on X

So, the debate on Marital rape is on. Indian judiciary is yet to decide whether they want to criminalise something about which the accuser will refrain from producing evidence, and rightly so. After all, other than some radical elements who strive on poaching money through the legal mechanism, most Indians won’t allow someone to interfere in their personal lives.

Traditional media portals are continuously reporting on a supposedly marital rape case in Delhi High Court. However, they have their cognitive biases, due to which a part of the story is hidden from the public domain. We are here to report on something which is barely been put forth in front of the general public.

RelatedPosts

Jamiat Moves Court, Delhi HC Stays : Is ‘Udaipur Files’ Too Real to Handle?

Probe Panel Gives Go-Ahead for Justice Yashwant Varma’s Impeachment

Delhi High Court Affirms Dismissal of Christian Army Officer for Refusing to Join Weekly Regimental Religious Parades

Load More

AMICUS CURIAE

Delhi High Court has appointed Amicus Curiae in this case. Amicus Curiae is a person who judges appoint to get some assistance. That person should be an expert in the subject matter, but not a party to the case. Now, the honourable High Court has appointed Rebecca Mammen John as Amicus curiae in the case.

Rebecca is well known Supreme Court advocate. In the past, she has represented fixing accused S. Sreesanth and Kobad Ghandy, an Indian Communist charged under the Unlawful Activities (Prevention) Act.

If we talk about her credentials in Gender laws, Rebecca has been an author at websites like everydayfeminism.com. Moreover, Kavita Krishnan, a well-known communist had once termed her as a feminist lawyer. She later deleted that tweet. Rebecca’s works are major hits among feminists.

Since she is believed by many as a feminist, it has the potential to raise serious questions about the biasness of advice listened to by the Court.

Read more: Finally! A Big Big Win for Indian Men, Thank you Supreme Court

Consent

Consent is one of the most key issues surrounding the case. It is one of the shadiest areas. It can never have a fixed definition and that is why it is prone to misuse. The straight mathematical concept of ‘Yes means Yes’ does not apply in real life.

A man or woman can give her consent even in a drunk state. Okay, so the non-drunk partner will accept it as Yes. The next morning, the drunken partner would realise that he/she did not want to engage in it, and they said yes in the heat of the moment. Should we charge the supposed rapist for the alleged crime? Sounds absurd?

Read more: Why do Indian Men Rape?

Yes, it is, and this is why it is next to impossible to codify the lives of a married couple, which is filled with volatile extremes of love and hate on daily basis. Various such questions are out in the public domain about the now accepted concept of ‘NO MEANS NO’

Why do we bring the word ‘rape’ into a pious relationship?

Frankly, no one knows who came up with this concept. Yes, women and men both need protection from coercive spouses. In the case of a woman, various remedies are already available to her. If her husband coerces her into an abusive relationship, she is subject to cruelty. Section 498A punishes the husband for cruelty.

Practically, a woman just needs to say that she has been subject to cruelty, and the Indian legal system will make it easier for her to shrug her hand from abusive marriages; simultaneously sending her husband to jail. Moreover, in most cases, women are provided with alimony to take care of their financial needs as well as child custody.

Read more: The role of Hindu and Muslim Personal laws in shaping Societal Norms

Yes, it happens, but why criminalise it?

Criminal law is different from civil law for the simple reason that if a crime happens, it happens against society at large. So, for example, you kill a person, and you go scot-free by paying compensation to the family of the dead (a remedy under civil law), it will encourage others to kill someone. Similarly, if you beat your wife/husband, you need to be punished; otherwise, it will end up sponsoring spousal violence in society.

However, what happens in the bedroom is an extremely private affair. No one likes to talk about it. If a wife is subject to sexual coercion, it’s highly unlike that it will encourage more such men to do so. Indian society is well-versed when it comes to shaming men against such acts if someone brings it out.

Read more: Left with no one to defend, Lawyers of Nirbhaya’s rapists must now be held by the collar and taught a lesson

If a wife is subject to sexual cruelty, then a civil remedy of divorce is available with her. Moreover, cruelty is already a criminal offence, so what’s there need to bring in an extra category of crime at the time when people are already running away from marriage.

Ram Jethmalani had once said that Law is not the solution to every problem. Opining on the idea of Marital rape, he had said that women will become dictators in their homes. Certainly, the judiciary does not want that. It should either provide a balancing line or leave it to married couples to sort out the differences. After all, the relationship between man and woman is about coordination, rather than feminists’ ideal of power centred conflict.

Tags: Criminal Law Vs Civil LawDelhi High CourtIndian JudiciaryMarital Rape
ShareTweetSend
Previous Post

The genius that was Satish Dhawan: An untold story

Next Post

Sidhu’s Muslim Man Friday Mustafa will handover Punjab to the BJP

Related Posts

How Manusmriti Differs from the Epics
Opinions

How Manusmriti Differs from the Epics

17 July 2025

Ancient Indian texts are among humanity’s richest intellectual and moral legacies. From the Vedas and Upanishads to the Mahabharata,...

Western Media’s Civilizational Insecurity Against India
Opinions

Western Media’s Civilizational Insecurity Against India Masked as Journalism

16 July 2025

Western media's relentless bias against India stems from deep-rooted civilizational jealousy and colonial guilt. Unable to accept a rising,...

India Built Gardens Long Before Babur Dreamt of Charbagh
History

Before the Mughals: India’s Civilisation Built Gardens Long Before Babur Dreamt of Charbaghs

16 July 2025

While Mughal-era gardens like Shalimar Bagh and Humayun’s Tomb are widely celebrated as the epitome of horticultural art in...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

India’s ULRA Bomber: 12,000-km Beast That Can Strike Anywhere Without Refueling

India’s ULRA Bomber: 12,000-km Beast That Can Strike Anywhere Without Refueling

00:07:39

The Shocking Truth About Mass Conversions in Tamil Nadu

00:07:26

The Butcher of Pahalgam: Sulaiman — Trained by ISI, Pakistan’s Commando-Turned-Terrorist

00:04:13

Congress’s Rohith Vemula Bill: Caste Polarization Masquerading as Reform

00:07:33

Bhima Koregaon Won’t Be Repeated; Maharashtra’s Special Act to Wipe Out Urban Naxals.

00:06:06
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap
MASHABLE IS A GLOBAL, MULTI-PLATFORM MEDIA AND ENTERTAINMENT COMPANY. FOR MORE QUERIES AND NEWS, CONTACT US AT info@mashablepartners.com


©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited