The below news could have been a usual one of marital discord exploding into allegations and counter allegations. However the point which caught my attention was that the husband was arrested on charges of marital rape and theft (the bold sentence in news below). Marital rape… Hmmm….
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MUMBAI: A 38-year-old woman from Vikhroli has moved the Bombay high court seeking cancellation of her husband’s bail alleging that he was threatening her and her two minor children. The city sessions court, on February 16, granted bail to her husband, Thomas Lobo, who was arrested on charges of marital rape and theft. The high court on Tuesday ordered that a notice be issued to Lobo, to be present in court at the next hearing.
The petitioner, her 15-year-old son and 12-year-old daughter stay at her Vikhroli flat. She was a widow with two children when she married Lobo, an NRI, in June 2007. But soon, she alleged that she was subjected to cruelty. In 2007, she filed a complaint under Section 498A. Lobo also filed complaints against her accusing her of misappropriation and cheating. The couple seperated and filed a divorce petition in the family court. However, in November 2009, the petitioner alleged, “Lobo expressed his desire to reside together, to which I agreed.” However, she alleged that in November 2009, he “subjected her to forcible intercourse”.
She further alleged that the next day, Lobo disappeared. She also found that her gold rings and ear studs were missing. A police complaint was filed and Lobo was arrested from Karnataka on January 6, 2010, but was granted bail by the sessions court. On Tuesday, the petitioner sought its cancellation on the ground that “Lobo had threatened to shoot down me, my two children and also my advocate by hiring an underworld don… He works as a general manager for a company in Kuwait and Dubai and has links with the underworld.
Sec 376 of Indian Penal Code defines rape as given below:
A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: –
First: – Against her will.
Secondly: -without her consent.
Thirdly: – With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
Fourthly: -With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly: – With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly: – With or without her consent, when she is under sixteen years of age.
Explanation: – Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape].
Since the last clause says that there is no provision for something called marital rape in Indian laws, and the fact that there are ample provisions under DV Act (PWDVA) and 498a for woman to get husband screwed just on basis of complaint, then where did the genius lie in this case to invent the charge of marital rape. The charge of this crime cannot be put since Indian Penal Code IPC does not have such a crime!