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Aren't we going too hard on Justice Shankar over marital rape judgment?
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In US and UK things are worse. Even if she cheats on you, she still gets half of your property. Be strong men, we must rise above this.
The concept is that marriage is an economic partnership, if she stayed home and he had a career, the marital income and property is half.
This is so intuitive to me as a woman. If i quit my job to raise kids, i want the law to recognise my contribution to the marriage. Why don't you get this?
At the SC, depending on the CJI and then the Bench (and of course the political "mahoul") the SC is likely going to lob this off to the Executive/Legislature. If there is softening or weakening of the ruling establishment, SC may give voice to its "preferences" through oral observations or even a powerful dissent (because the SC will do a split and bump it to a higher bench and docket politics will continue).
There are enough examples. Not too hard to guess. And this has played out before as well.
That’s literally his argument. An intelligible differentia exists because being raped by someone you know differs from being raped by a stranger. Lol. Hope he gets stabbed by someone he knows and then we can all agree that that wasn’t a crime.
many people havent even read the judgment
Sometimes I shudder at the thought that all these upper caste stale men control so many aspects of our lives !
In most countries - Marital Law Exception was changed by the Parliament/Legislature.
In India - Judiciary sits above all.
When parliament makes a criminal law exception - that law is ultimate. If an exception is not an exception. Then laws don't have meaning.
People have said about - Courts decriminalizing gay sex -
Look decriminalising an act can be done by courts. But making a new criminal offense is to be done by Parliament.
In countries where Marital Rape Law exists, Gender Neutral Laws and Due Process exists.
In India - a women's words (with no corroborative evidence/medical evidence) is enough for a rape conviction.
Abroad? Good luck with that. You need real life evidence.
Basically, with no evidence - a fighting/angry words are enough to send husband to jail for decades.
The question is whether this new offense will become another 498A (highly abused law) must be decided by the Parliament. Not courts.
Secondly as rightly pointed by lawyers, the abuse and misuse of law merely is nowhere connected to and shouldn't result in deleting or non existence of that offence in the statute. These are procedural issues in the trial court.
en.wikipedia.org/wiki/Common_law_offence
-Impecunious 1st gen Delhi litigator
www.google.com/amp/s/factly.in/the-conviction-rate-of-sec-498a-cases-falls-as-conviction-rate-of-ipc-crimes-increases/amp/
Ye lijiye ek aur before you go on a "sanghi" catatonia.
Interestingly alleged serial harasser Prof Liangs ALF has a position paper of the MYTH of misuse of 498-A. I'm confident it was written post a gratifying non consensual groping overture on the virtue signalling intellectual's part. "Sips tea with irony drops"
n fact, if the woman does not intend to cooperate, she should have no problem if the husband seeks asylum elsewhere. basis the consent of his wife, he may chose to do whatever pleases him.
if at all, the exception is struck down, the law would go down in annals of the history as another most abused piece of legislation like the sc/st atrocities act and domestic violence act.
good luck, indian men !
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