Tuesday, September 8, 2015

India marital rape victims' lonely battle for justice

Let me start this post by saying that sexual assault (i.e. rape) is wrong, regardless of it's marital rape or any other kind of rape. Perpetrators should be punished to the full extent of the law.

BUT, I don't agree with campaigners in India or anywhere else that marital rape be criminalized. Why?

Problem is that marital rape will be criminalized just like any other kind of rape is in the country. But will that solve the problem? If we forget about India, a developing country, for a minute, & focus on how rape criminal laws help fight / reduce rapes in developed countries, we see that it still happens quite a lot; from marital rapes & domestic abuse to sexual harassment & assault on streets & offices. So much so, that in Canada, there's a project, started by Rogers, called Project97. It's called "Project 97" because, per the organizers of this project, 97% of sexual assaults & harassment are never reported. Please keep in mind that this is in Canada & not something happening in a developing country.

Nobody around the world is trying to resolve the root problem of sexual assaults. What is the root problem?

Media around the world, be it internet, TV, magazines, movies etc. constantly keep pushing the boundaries of female nudity. Sexualized imagery is becoming the norm. Heck, even roaming around nude in the street is now being discussed in New York & Kitchener, because women there want to go out topless or, in some cases, even completely nude. We have celebrities like Kardashian clan or Miley Cyrus who are brainwashing young minds that female nudity in public should be celebrated & not criminalized.

Due to male biology, on the other hand, heterosexual men, who are still in the majority around the world, get aroused by watching a female who is trying to flash as much flesh as she can. The only things holding them back from humping that woman, right there & then, are laws & some moral views (for example, incest is not liked in any culture or country, irrespective of the law of the land).

Now, women in the West are far more liberal. They will go to a dance club & may go home either with a man or sexually satisfy themselves before going back home. If that's not enough, then annual "young sexapalooza" or, in other words, Spring Break in Florida, is internationally famous event, where young female nudity is wholly encouraged. Young males are there to only fornicate & get drunk.

However, women in the East are stuck in between conservative Eastern & liberal Western values. For example, in India, young women want to study, have a career, live in the metropolitan cities all by themselves, & want to choose their life partners themselves. They want to enjoy the night life, just like all those girls do in the Hollywood movies. Bollywood movies are full of Indian actresses in skimpy dresses, dancing all over the place, & men are ogling them like hungry wolves.

But, Indian women also want to marry someone who is highly educated, earns enough money to keep them well pampered, & of course, not a player. They want a respectable family man to raise their children.

On top of that, female infanticide in India is common. Although, it is illegal in the country, couples are still forced by their families to have as many boys as they can have, & girls are killed as soon as the ultrasound results come around. So, in the general population, demographically, the male to female ratio is skewed towards males. So, fewer females for more males in the general society.

One more problem all this sexualized media is causing is infidelity. As you may know how Ashley Madison, the site of cheaters, was hacked recently & the data of 33 Million users was released in the public. As you may know that Ashley Madison is one of the businesses of a Canadian company. It has operations in several countries around the world, including India.

There is nothing essentially wrong with what Ashley Madison is providing to the masses around the world. Since, rape is criminalized in the West, & infidelity or adultery is grounds for divorce, men try to cheat the system by cheating on their wives through an intermediary, Ashley Madison. Men are watching sexualized imagery all around them & women in their lives are trying to control the relationship through sex. So, men just simply cheat to satisfy their sexual arousals.

Some may say at this point that "men are pigs." Male reaction to sexualized imagery is just natural. A couple in love undress in their bedroom to sexually arouse themselves & physically enjoy their love. But, what a man gotta do when he is surrounded by sexualized imagery 24 hours a day, 7 days a week, 365 days a year? Did he ask for Miley Cyrus or Kardashian clan to get naked on the worldwide media?

Anyway, now, a poor, young man is watching Bollywood & Hollywood movies, watching porn on Internet, watching supermodels around the world wearing skimpy dresses in fashion magazines, & then watching Indian girls dating & having sexual relations with their boyfriends & even office colleagues. He is sexually aroused on a daily basis. So, at that point, he has 4 options:

1. If he is single & not in a relationship, then find a girlfriend & satisfy his sexual need or pay a prostitute (assuming he has enough money to hire a prostitute).
2. If he is single & in a relationship, then he will try to satisfy himself with his girlfriend, & due to his education level & social upbringing, he may or may not force himself on her.
3. If he is married, then he will try to satisfy himself with his wife, & due to his education level & social upbringing, he may or may not force himself on his wife.
4. If he is married, then he may try to cheat on his wife with a girlfriend or a prostitute.


As you can see in the example above, I started the example with the word, "poor". Because, in many cases, especially in India, but it happens all around the world, poor men have a very difficult time in starting a relationship. Girls want to start a relationship with a man who can pamper them. Money is an issue. An educated, but poor, man has a hard time in getting married in South Asia. But that poor man still has sexual needs, & even more so, after watching so much sexual images all around him. He may want to get married but he can't, because girls or their families want him to be educated (education costs money, too) or be education & be rich.

So, as you can see, nobody influential in the world of media is working towards reducing female nudity in the media. Quite contrary, it is being encouraged. Men, however, are being told to 'keep it in their pants', which goes against their biological nature. Women are trying to control relationships through sex; rewarding their male partners by sex when they are good & holding it back if their male partners do something undesirable. It is similar to being a pet that desirable behaviours are rewarded & undesirable ones are punished by the owners.

Cheating or adultery or infidelity is illegal in a majority of the countries. So married men are forced to rely on their wives for sexual satisfaction. They wouldn't have so much sexual needs if they are not bombarded 24/7 by sexualized media. But that's not the case. So, he is "forced" to relieve his sexual tension through his wife, since adultery is not allowed. But the wife just doesn't "feel" like having sex. What's he supposed to do? If he forces her, then it becomes marital rape. If he finds another girl, then it becomes cheating.

Today's man, around the world, is stuck between rock & a hard place.
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In India, it is not a crime for a man to rape his wife. And many believe that marriage is a source of sexual satisfaction for men &, therefore, women must submit.

No equality
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Campaigners have long demanded that marital rape be criminalised in India.

A committee formed after the December 2012 gang rape & murder of a student on a bus in Delhi to suggest criminal law reforms recommended that martial rape should invite the same punishment as any other rape. The government of the day, led by the Congress party, rejected the recommendation.

Victims of marital rape, however, refuse to give up the fight.
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Widely prevalent

Supreme Court lawyer Karuna Nundy who specialises in human rights litigation & gender justice says Indian law provides little relief to victims of marital rape.

"At the moment, a wife can file a case under the domestic violence act which are dealt with in a civil court. It gives a woman a legal right to separate from her husband on the grounds of cruelty.

"But what is the legal provision to punish the act of crime? Any sexual act which is forced or is being done without the consent of the woman is a crime. The relationship of the victim with the perpetrator makes no difference."

A number of studies done over the years suggest that sexual violence in marriage is prevalent in India.

The last National Family Health Survey (2005-2006), conducted among 124,385 women in 29 Indian states, had 10% women reporting that their husbands had physically forced them to have sex.

Another study conducted by the International Centre for Women (ICRW) & United Nations Population Fund's (UNPFA) across 7 states in India last year covered 9,205 men & 3,158 women aged 18-49 from each state. One-third of the men interviewed admitted to having forced a sexual act on their wives.

The victims of "marital rape" say they fight a lonely battle because their suffering falls under no category of Indian legal system. Moreover, society often blames them for maligning the institution of marriage.

However, Save the Family Foundation, a men's rights group, cautions against criminalising marital rape.

"We have already seen how 498A, the anti-dowry law, has been largely misused by women in India to harass men & their family. The Central Woman Commission of India has accepted that a number of rape cases reported each year are false. How can one prove a marital rape? Taking bedrooms to court is a dangerous idea," a spokesman said.
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