SEXUAL ASSAULT

                                                          ANTI RAPE- LAW AMENDMENT

From time immemorial there has been Sexual harassment to women. The primitive man lived in his own lifestyle and as time passed by many changes took place in the society, the natural law giving rise to Written Laws to prevent cruelties to fellow human beings. Civilised man shredded out his beastly habits and refined himself with civilised features in human relationships. Thereafter Family set up through Marriage followed and treated it as a SACRED Relation between man & women. Thus marriage came into being, as a Covenant between two individual belonging Male & Female, believed to be joined in marriage by GOD as Husband and wife witnessed by the parents and friends & relatives. This union of man & woman as Husband and Wife formed the basic structure of the society.. 
As the life of the human beings underwent changes due to advancement of scientific inventions and discoveries of the hidden treasures of nature, certain influence in his/her life also changed the outlook on life..

After independence our Law makers framed different Acts and Regulations to control public behaviour. The criminals and Law breakers were punished so as to keep the peaceful life of people without any fear or threat from evil doers in the society. But the application of the provisions of the Law for Justice to all without favouritism did not prevail due to interpretations of the Rules at different levels of Judiciary or other law enforcing machinery of the Government. Also inordinate delay in disposing cases, throttled the very sanctity of the purpose for which the Law was enacted by the Authorities.

Now the recent attacks on women have given rise to many alternative methods to stop such heinous   crime against women. Even to enact separate Anti Rape Laws by amending the Criminal Law is also on the Anvil.. When we have sufficient coverage of the existing Law in our IPC & Constitution, why we should go in for extra provision of law to deal with such cruel game of Rape?. Application and implementation of the appropriate rule and to punish the culprit within a short period of time is the prime necessity of today.

Yet another school of thought, is bringing up cases of rape & molestation among the married people!. Well married people have to be together in life and they must formulate their private life as a family unit with utmost care. The Sexual act in their life must be most sacred and divine.  This aspect I have written in my site http://divinityinaction.blogspot.com at the beginning articles under the caption. My Stray Thoughts.  The idea of taking sexual life in marital status of husband & wife does not seem to fit into the category of rape. In the absence of witnesses how can we identify the offender and term the Act as rape? .To understand the difficult situation in marital relation in Sexual intercourse, the following queries may have to be answered!

1.       The husband can initiate action OR the wife can initiate action in their Sexual act.

2.       The husband may not be WILLING at that point of time but, the wife may be WILLING and may force her husband..

3.       Both may be willing in this sexual relation adopting any method they choose from Nature or from texts from KAMASUTHRA or other sources...

4.       The husband may like to have the lights on where as the partner wants the act in darkness?

5.       The husband may like to have the act without the clothing, but wife may not!

Now out of these few probable situations, how can we attribute the criminal assault and on whom? In item 2 above the husband may be the VICTIM as he is not for the proposal at that point of time. If husband forces wife when she is not for it, then the wife may be the VICTIM.. So the offender in the married status is either husband or wife. Who will charge whom in such situations?. Therefore mutual unwritten consent must be resorted to by ideal couple for a peaceful and happy married life. Such cases may be common in the life of majority of couples. Therefore sexual harassment in marital relations may not be a subject of discussion in open forum! Any distortion in the normal life of husband and wife must be dealt with appropriate authorities and action taken according to the merit of each case. It need not be listed along with the VIOLENT & CRUEL SEXUAL HARRASSMENT METED OUT TO INNOCENT WOMEN IN PUBLIC PLACES OR PRIVATE DWELLING PLACES.

In this context, I recall the words of my clerk in the year 1960, when he told me about his experience in his family life. He said, I quote, “though we are married for ten years, I have not seen her naked..” .That means there are married couple of that category also!. Then how can we regulate such human activities in married life by enforcing law or procedure order in sexual life of couples & to term it as Forceful act in married life?.

My view in this issue is to permit the old saying” TAKE CARE OF THE VITAL THINGS, OTHER THINGS WILL TAKE CARE OF THEMSELVES”

ABRAHAM PHILIP