Judge Suthantheram: Dear Sekar After reading the article I sent my views in watsup to another group. I will send it to you also. [9/12, 16:42] Judge Suthantheram: As there is no Hindu Newspaper publication today yesterday being holiday, by practice to read Hindu daily I picked up yesterday’s paper and read some left out matters.

[9/12, 16:41] Judge Suthantheram: Dear Sekar
After reading the article I sent my views in watsup to another group.
I will send it to you also.
[9/12, 16:42] Judge Suthantheram: As there is no Hindu Newspaper publication today yesterday being holiday, by practice to read Hindu daily I picked up yesterday’s paper and read some left out matters.
I read an article- actually coversation- ‘Why has not marital rape been criminalised in India yet?’ Though I wanted to restrict myself from saying anything on that as it may invite criticism as male chauvinist or male dominant I could not stop writing this.
I hate using the word Marital RAPE for excessive or forcible act in the marital relationship. Will it be proper or can it be asked a wife ‘are you a raped woman?’ I feel it is better to say marital forcible sexual act.
The marital relationship is not for a few months or a few years. Husband and wife would live together even without any sexual relationship at the old age or even prior to that.
The forcible sexual relationship can not be said as right of husband. I am not here to accept old views. Forcible act by husband can not be justified and should be avoided by husband as it may occur due to some circumstances, but the question is whether it should be declared as criminal act and offender should be penalised. Whether this will solve the problem or create problem among married couple. Practically no wife would complain about her husband’s forcible act, if interested in continuing marital life with that husband. Only when there are other disputes and wife wants separation, definitely along with other allegations this allegation also will find a place as it may be true or not. At the same time it is to be seen if the forcible sexual act is continuous causing hardship or cruel the wife cannot be left out without remedy. Hence it should be valid ground for seeking divorce. Both husband and wife should have remedy. If wife is not cooperating or not interested in sexual relationship for long time husband must be in a position to seek divorce. Both have their own rights.. To establish the rights the acts should not be criminalized which may have adverse effects in the continuance of the marital life. Whether one time act or more than one time act to be penalised?
Sometimes the laws are peculiar. Having concubine or paramour is morally wrong but not legally punishable. Adultery is morally wrong and though not punishable is a ground for divorce. If wife leaving matrimonial home accompanies her paramour morally wrong but she cannot be punished. Husband is not in a position to establish his right in any criminal court.
The right of a wife is established once forcible intercourse is made as a ground for seeking divorce and that right need not be made explicit by criminalising and punishing which may disrupt a family with children.
This writing is made on practical thinking though I am for advancements of woman and their rights.
(Sudanthiram )
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