India is presently at a stage where an offense against a woman calls for immediate strict action, protests, and media attention. Whether rape, molestation or domestic violence, strict laws have been coming into force since a few years to ensure women’s safety in the country.
A petition has been filed in the High Court to make marital rape a criminal offense in India. During the hearing, the Delhi High Court looked very much in favor of it and quoted, “Marriage doesn’t mean that wife is always consenting for sex.” Of course, non-consensual sex before or after marriage should rightly be a crime!
But, former Chief Justice of India, Dipak Misra begs to differ here.
Expressing his ‘personal’ views on whether marital rape should be made a criminal offense, he said, “There is no necessity to bring such kind of law. This is my personal view,” reports TOI.
“It will create absolute anarchy in families and our country is sustaining itself because of the family platform which upholds family values,” said Misra at a conference on ‘Transformative Constitutionalism in India’ on Monday.
This comment has come from Misra at a time when women’s safety has taken the front seat in matters of law and constitution. At such a crucial time, be it a politician, superstar or high-ranking judiciary official that you are, you just cannot get away with making insensitive and erroneous comments on a topic like ‘rape’.
Accordingly, people did not take this lightly. As soon as Misra’s remarks went viral on social media, outraged netizens responded with these tweets-
I had to read, and re-read, then read again, and do that several times, for me to believe what I just read! This man was allowed to be the CJI?
— Leo Saldanha (@leofsaldanha) April 9, 2019
Just what we should brace ourselves for over the next five years. From the looks of it things are going to get worse. https://t.co/83pvCKykxk
— Chandrima Pal (@captainblubear) April 9, 2019
— Geetika (@geetikamantri) April 9, 2019
Losing my respect in 3;2;1… Boom https://t.co/8jzlJOysge
— Praful Baweja (@huesofpink) April 9, 2019
https://t.co/iLsjtF7Gkp via @TOIBengaluru utterly abominable remarks from , of all people, former Chief Justice #dipakmisra. Shame ! Undoubtedly he will claim he was misquoted when the s*** hits the fan….
— Arun Ratnam (@BucksRam) April 9, 2019
ex Chief Justice of India values the idea of family more than the actual bodies of women. Martial rape should not be criminalised because of some imaginary 'anarchy' they will bring to the 'family platform'. If you think equality is anarchy, I pity you. #maritalrape #India https://t.co/bgIffcPky8
— Persis Taraporevala (@persistara) April 9, 2019
— shantanudutta (@shantanudutta) April 9, 2019
— SalimRizvi (@RizviSalim) April 9, 2019
As per the data obtained by the National Health and Family Survey of 2015 to 2016, 5.4% women came up to admit that they have been subjected to violence by their husbands in order to force them into sexual intercourse. Several women activists have been fighting and going all out to make marital sex a criminal offense since years.
Such repulsive comments coming from a person who has held a reputed office in the country’s judiciary is disgusting! However, we wonder if he would have let the petition pass if he was in power at present! What’s your take on the matter?