I don't disagree but I understand where the viewpoint of the government is coming from. To your point of a single case being successfully prosecuted, the question of how will remain and how many unsuccessful attempts will be required for that to occur? I do not disagree at all about your view on this issue but the point of both proof and false allegations remain important ones. A person need not be successfully prosecuted on rape charges, the mere allegation would serve the purpose both in terms of locking the person up or in terms of the social opprobrium that would follow. Much better to make a case of assault, provable if evidence suggests that, and a quick granting of divorce in such cases.
That underlined statement seems to be causing the biggest apprehension here.
@anonymus said the same thing to me in another post, so my reply is to both of you.
1) Yes, that is generally true in India, and even here in the US. "Malicious prosecution", endless litigastion etc are used as a tool to harass possibly innocent people. In India, the press is often at the receiving end from governments - simply filing a case of defamation against a journalist, even if untenable and unwinnable, would necessitate the journalist to be physically present for endless court hearings and legal red tape, effectively scuttling his journalistic career. Small media houses and independent publications end up financially ruined as well. Such tactics have been used by many state govts.
None of that should happen - neither to journalists, nor (innocent) husbands. But do note that in the latter case, the wife also has to go through the same time consuming and exhausting process. Both of them will be burdened, unlike governments, which have taxpayers' money and state propsecutors at their disposal.
Now to narrow it down a bit - why not make it a bailable offence? Or a "non jailable" offence for the duration of the trial? Don't put him in jail until and unless the case against him has been conclusively proved. In other words, the good old maxim of "innocent until proven guilty." (In fact that should apply to any undertrial, and anybody who is not a flight risk should not be jailed until the charges are proved.)
2) Please take a moment and think about the "social opprobrium" part. In India, who will face more social opprobrium, the man or the woman? Remember, many people do not even consider marital rape to be rape. Women raped by strangers or even relatives often do not report it, for fear of ostracization. Even their mothers discourage them from reporting it. So do you think that it would be easy for a woman to level a charge of rape against the man she is married to? And if she does, who will face more (undeserved) disgrace?
A man who rapes his wife will not be viewed in the same league as other rapists by society. It is my hunch that he will be viewed sympathetically, if certain comments on this thread are anything to go by. It is the woman who will be called "bitch", "feminazi", "adarsh liberal", "NGO" etc, for having the nerve to assert her rights to her body.
Heck, until recently, and maybe even today, rapists (the non husband variety) faced far less social stigma than the rape victims themselves. I can assure you, it will not be the husband who will have to deal with social stigma.
In short, here is my proposal: The wife should have the right to file a case against the husband for rape. The burden of proof will be on her to prove it. (As it is always the case, for the prosecution.) The husband should not be jailed or penalized until proven guilty beyond reasonable doubt. (As it always is, for the defence.) Both parties should be given a fair hearing, undergo the due process of law, and have access to free legal aid, or paid one if they so choose. (As it is for anybody.)
I'd like to know if anybody disagrees on this proposal. That is all that all those "bitches", "feminazis" etc are asking for.
A history written in blood, Respect carved out in flesh.
