'Marital rape cannot be considered as a criminal offence', this is the statement which passed by supreme Court recently when a women who was victimized to the sexual violence on many occasions by husband approached the court. The lady's plea has been rejected by the apex court after terming it an individual case which is espousing the personal cause and not a public cause.
Meanwhile, the judiciary authority also divulged its resistance in changing the certain law as it is impossible to bring some changes in law and order for a particular person. But isn't it a case for wider consideration? Seems like apex court is waiting to see more related cases in near future after which they will decide either to revive related law or not. Not only this, but this case also cast a shadow on the passive side of judiciary system which has failed to consider a single case in order to prevent it to happen in near future.
Noorjehan Safia Niaz, co founder of BMMA
I think it is very sad that Indian judiciary is not able to look at women's concern and her perspective. A rape is a rape. Anybody who is sexually assaulting a woman is a rapist, whether it a done by unknown, stranger and even by a husband. Perhaps, any kind of force is illegal and wrong.
And not only court but parliament also should look at the issue seriously as it is very rampant thing to a any society. Women go through worst experience even in after getting married. They are forced to face sexual violence and abuse by her husband. I think women have to come forward and speak up as well as Indian judiciary system. We do need a law to prevent such cases to happen. And Supreme Court also need to understand that marital rape cases are also sympathizing one. And a single case also indicate toward the initiation of a new crime in the society. So, it is a job of a parliament to look into the issue that how rampant and worst it is for women and they should come up with preventions. In the highlighted concern Indian judiciary and parliament are need to set certain laws.
Arvind Jain, SC Lawyer on Women Issues
I also filed PIL which was also in the same matter of marital rape and still pending in High Court and Supreme Court. But in final stage Nirbhaya case came in and whole matter was high-jacked. For me it is a patriarchal question where I don't think that Indian patriarchal and traditional authorities are in mood to accept the reality. In recent amendments of 2013 government considered this issue. But on one hand you are saying girl must be 18 for marriage and on other hand you say that if she is your wife and above 15 that is not the rape. That means you are subjugating the system of child marriage and marital rape and culture of rape. Right from government to Supreme Court and from this pillar to that pillar nobody is in a mood to resolve this issue seriously.
Vartika Nanda, Senior Journalist
There are lot of limitation in certain subjects, which are related to judicial accountability. And the way entire judiciary worked. But nonetheless, the fact remains that a number of cases like this, where we do not see human face withing the judgment which is being part then obviously it hampers the conference of all those victims who have been suffering. Now, if I don't specifically talk about this case I would say that the judiciary and other important pillars of the society must keep this in mind that whatever is being said, published or written or broadcast has seen by number of victims. And victims who suffer a ray of forb, when the judgment passed, it worth the moment their judgment goes against the desire or interest of the victim. Though I am not the right person to comment on it. There are certain specialized courts and cell which deal in related issues and my humble submission to everybody is that he must look into the functioning of these particular areas as well.