The Learned Judges must have therefore made observation that some law to punish such rapes by husband may be made... as it is has been reported in Times of India.
But how will you conduct trial? Who will be eye witness? What will be reliable evidence? How a husband can be protected if false allegation is made by wife?
1) Perhaps, there may not be any need for such new law.
2). Physical Assault on Wife by Husband is already punishable.
3) Judge can give punishment under these provisions without bothering himself about details of whether wife was raped or not etc.. etc..
4) In bedrooms, there may not be any eyewitnesses. It will be an oral word of a woman versus an word of a man. How will Judge decide?
5) Injuries on body? Well, there may be injuries or there may not be injuries. Rape can still be committed without injuries also. Doubts will remain.
6) A Doctor will have to come in witness box to say that injuries were not self inflicted by woman.. How can he be so sure? He can never be sure. Medical science is not so perfect.
7) How judge will decide if husband files a counter complaint that it was the wife who raped him? He may also show injuries on his body like nail bites.
8) Judge may look at strained relations in immediate past between wife and husband.. Yes, this can indicate possibility of rape by husband....But it is also a possibility that wife may have filed complaint to take revenge or to extort money from husband or for share in his property...
How judge will decide such allegations and counter allegations?
9) Do we want all husband to live in constant fear that they all are subject to complaint of rape by wife?
10) To me, this idea of making "Rape by Husband an offence" does NOT appeal as practical idea.
11) And last horrible thing. If such law is made, all husbands may have to undergo a Potency Test.... As first step in investigation....
Haresh Raichura
3/10/14
9) Do we want all husband to live in constant fear that they all are subject to complaint of rape by wife?
10) To me, this idea of making "Rape by Husband an offence" does NOT appeal as practical idea.
11) And last horrible thing. If such law is made, all husbands may have to undergo a Potency Test.... As first step in investigation....
Haresh Raichura
3/10/14
