Did you know that under section 375 of IPC allows a man to force sex on his lawfully wedded wife?

why do you think this archaic law still exists?

According to scholars who substantiate the provision,

• The law still exists to uphold the sanctity of marriage.
• To save the institution of marriage.
• To prevent wrong allegations and conviction
• There will not be any concrete evidence to support the claim of the victim.
• It will jeopardize the very livelihood of the victim if she is dependant on her husband for survival of herself and their children.
• It is based on the age old idea that Marriage means consent.

But the present generation begs to differ, perhaps strongly by voicing out their concerns.

Data: 

             Source: https://www.asianage.com/discourse/280817/unholy-matrimony-rape-by-statute.html

Now let's talk about the social paradox behind it. The argument that uphold this provision are no doubt outdated but why the reluctance in striking it down? The judiciary thinks that it would be judicial overreach and against the principle of separation of powers as silently painted by the constitution makers and the real power lies in the legislation. 

The window of opportunity was however was missed long back during the Independent thought case in 2017 where the apex court criminalised any kind of sexual relationship whether with or without consent with a girl of less than 18 years old even in a marriage.

It can even be justified to make such a penal provision for marital rape extending even to the male partner or the husband.

Should we wait for the required legislation to protect the dignity of women till a case that sinks our heart hits the news? How long will the society grit its teeth? 

The lefts are striving hard to rattle the wares of dissent to grab the attention of policy makers and the remaining including the victims watch in silence waiting, for light to cast upon the shadow pandemic that women face mostly in the rural areas. But there is no light at the end of the cave yet.

What are your views? let's discuss, open your thinkbox or put on your thinking hat.

Let's ponder the question, should it be struck down by the legislation as soon as possible or even by the court, just like how in Navtej Singh Johar case the supreme court corrected an injustice. 

Or the avenue is open to even discuss why it should not be stripped off from the Indian Penal code.

Fire away…!

Comment your views. Remember, your voices matter.

TUNE IN FOR FURTHER SOCIAL PARADOXES… LET'S THINK.