Blog By fatema | 24-03-18
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On Tuesday, Supreme Court lawyer and ex-governor of Mizoram, Swaraj Kaushal, tweeted about the plea on marital rape being heard by the Delhi High Court. .
Swaraj Kaushal, husband of Sushma Swaraj shared an article that says criminalising marital rape may put the family system under stress.
Kaushal tweeted, “There will be more husbands in the jail, than in the house”
Kaushal is right in Hindsight, as marital rape is not defined in the Indian Penal Code.
For the longest time, the law has hidden behind a central logic - if the law allows wives to press rape charges against their husbands, the latter will find it difficult to defend themselves.
Swaraj Kaushal's statement follows that very train of thought.
Even considering that marital rape is recognized by the law, the burden will be much more on the wife to prove that the alleged sexual act was without her consent than that on the husband to prove the opposite.
Only one out of four women who claimed to have been raped were able to prove that they were indeed raped.
This means India’s conviction rate for rape, at 25%, remains lethargically low.