MP Priyanka Chaturvedi Responds To Justice C Hari Shankar’s Observation On Marital Rape On Twitter. We Agree!
TBH, ever since the split verdict on marital rape delivered by the two-judge bench of the Delhi High Court, Twitter has turned into a warzone. One faction of the social media users is hailing Justice Rajiv Shakdher for striking down the marital rape exception and terming it unconstitutional while criticising Justice C Hari Shankar for upholding Exception 2 of Section 375 of the IPC. The other faction, however, feels otherwise and has been hailing Justice C Hari Shankar for protecting men’s rights. Excerpts from the judgement passed by Justice Shankar were tweeted by several platforms of which, one led to a social media outrage. Justice C Hari Shankar noted that on occasion a husband may compel his wife to have sex with him while questioning if it can be said that the wife’s experience in the case is the same as that of a woman being raped by a stranger.
Several social media users including MP Priyanka Chaturvedi responded to the statement. Take a look at what she had to say.
Yes it can be said with a modicum of propriety&also with authority by most women:Hon. Judge, whether a stranger or even husband who forces himself onto a woman or his wife, the experience of outrage, disrespect and violation is just as strong.
Ask women around you. Thank you. https://t.co/UZLPb9wA1F— Priyanka Chaturvedi🇮🇳 (@priyankac19) May 11, 2022
She wasn’t the only one outraged by this rather derogatory statement. Netizens took a moment to point out that two cases of sexual assault cannot be compared just because a woman is married to the accused in one. Tweeple also stated that if anything, a husband raping his wife is much worse and traumatic as the husband is a person who not only wields a status and power bestowed on him by the society and the law but is also someone who has the duty to protect his wife.
Yes, your honour, it is worse than that of a woman ravaged by a stranger. It is even more traumatic since it is done continuously by a person who wields a status and brute power bestowed on him by the patriarchal society, and even more unfortunately, by law; hence very serious.. https://t.co/EzH8BL8G7m
— Prasad Chacko (@chacko_prasad) May 12, 2022
I believe no two rapes can be equated to discriminate one against the other ..in case of a crime. https://t.co/M3UcuYTUKI
— Deepti🌻 (@Deepti_Law_) May 12, 2022
“your husband raping you is not as bad as a stranger brutally raping you so its ok and not rape at all” look at the hoops they’re jumping through to justify coercive sex being sanctioned by the law?? raping women is such an integral part of indian culture im sick to my stomach https://t.co/NmbxUhBJX0
— miku 𖦹₊˚.༄ (@mikromoons) May 12, 2022
Yes Incel Shankar is right, the experience is not the same, it's so much more worse when it is the husband who has vowed to be with you and keep you safe. https://t.co/ob97gzSlRJ
— MyNameJeff (@Watching_Cl0uds) May 12, 2022
Wait! What? Is he justifying the violence with woman just because she is married to the man!!? https://t.co/B6tk5OEBmS
— Deepali Sinha (@DeepaliSinhaa) May 12, 2022
This is sick.Hon. Judge, whether a stranger or even husband who forces himself onto a woman or his wife, the experience of outrage, disrespect and violation is just as strong.Marriage is not the license to rape. I am ashamed. https://t.co/EK5ow3GenB
— Sakshi ❤ (@toohightosayhey) May 12, 2022
Compelling to have sex is rape. Rape should be illegal. Does it matter how the woman knows the person who raped her??? In fact the fact that it's sometime who's supposed to care for her doing it makes it worse?!? https://t.co/YkwtzK4cRQ
— Sad beige baby (@idesofavril) May 12, 2022
Users further shared that this statement is not only demoralising but also lacks empathy while calling out the judiciary for having men mull over women’s rights. People also question how it’s okay to strip a woman of her right to bodily autonomy due to marriage.
This thread of statements made by a High Court Judge is all that one needs 2 read to know that the Institution of marriage in our country is based on completely bogus grounds.Also I wonder if the judgement or atleast the wording of it would be different had it been a female judge https://t.co/d4nzSKOVNp
— Adrija Roychowdhury (@AdrijaRoychow) May 12, 2022
The sheer lack of knowledge, empathy and basic logic is baffling amongst SC judges especially when it comes to issues pertaining women's rights & anything that goes against Patriarchy. #MaritalRape #patriarchy https://t.co/HrIdSgNUI2
— Vishal Arora (@7VishalArora7) May 12, 2022
Also Read: Delhi HC’s Justice Rajiv Shakdher Says False Cases Not A Reason To Not Strike Down Unconstitutional Marital Rape Exception
using bullshit jagron to justify marital rape im fucking sick women are not allowed to have autonomy just because they're married https://t.co/IMkGD4gDo0
— silly girl (@girlology666) May 12, 2022
How on earth can a person not view these regressive & medieval observations with anything but utter contempt & disgust? https://t.co/QpTsEtHuwO
— Saket Gokhale (@SaketGokhale) May 12, 2022
When men make laws for women, this is what comes off it. Sex without consent of both parties is rape. Not that hard to understand. If this "compelled to have sex even when not inclined" happened to men on a daily basis in a scale that it happens to women they'd understand pronto https://t.co/VzCeA2dFus
— Rituparna Chatterjee (@MasalaBai) May 12, 2022
Why do men even speak on behalf of women? Stop this now! #MaritalRape https://t.co/TchhbNkqEo
— Shivangi Thakur (@thakur_shivangi) May 11, 2022
Two sexual assault scenarios , no consent in either.
One is termed as an experience and one termed as ravaging by a stranger.Why are men always involved in making decisions that primarily affect women… https://t.co/UOTzDec47t
— Rahul Shetty (@rahulshetty014) May 11, 2022
Women on Twitter also shared their anger over the statement, and rightly so.
To be a woman in India is to be in a constant state of rage. https://t.co/undWIBu90U
— Vidya (@VidyaKrishnan) May 12, 2022
https://twitter.com/xxavxn/status/1524506208018874369?s=20&t=Pvdn0dvW3yQmkIy-LsNG9Q
Several social media users questioned the judiciary while pointing out that the concerned judge is going to go down in history for making a statement this derogatory and ‘obnoxious’.
What even is this?? Milords come up with incredible buffoonery these days, but this is just incredibly obnoxious. https://t.co/d66dHbCwiM
— Kshitij. (@_ghostcookies) May 12, 2022
https://twitter.com/imyourhanan/status/1524474127272144896?s=20&t=Pvdn0dvW3yQmkIy-LsNG9Q
Wth what is this thinking even.
Minimising and comparing the suffering of victims. And as for healthy marriage it happens when both parties are happy not when one is "on occasion" forcing himself on the other.
Rape is rape be it marrital or not. https://t.co/Yv6Z2iqh8t— Younus Sheikh (@younushshaikh) May 11, 2022
Man what a fucked up thing to say even in a casual conversation much less in a documented legal verdict that is going to be around forever. https://t.co/l8AQKGrt8r
— raghav (@ragav94) May 12, 2022
https://twitter.com/DontWalkAwayy/status/1524457144312991744?s=20&t=Pvdn0dvW3yQmkIy-LsNG9Q
Obnoxious judgement!! Wives are NOT sex objects! A husband has no right to force himself on his wife. Period! https://t.co/q6MmdlFUNB
— Pooja⭐️ (@Pooja_Mohanty1) May 11, 2022
This is an abnoxious statement made by the judge on #maritalrape. Lets understand #maritalrape is as henious as actual rape. Lets not put them in different categories. https://t.co/Ou1eDZlCEq
— Meera Chopra (@MeerraChopra) May 12, 2022
Some went on to question if the judge understood the concept of consent at all.
"Compelling wife to have sex though she may not be inclined" is sex without consent. This is a perfect example of why men struggle to understand consent in India. https://t.co/snSMiHiFNX
— #MeTooIndia (@IndiaMeToo) May 12, 2022
When a judge sitting as a part of a constitutional court does not understand consent, we have a long way to go in educating the masses. Extremely disturbing judgment from Justice Shankar. https://t.co/bYncid1neM
— Rounak Nayak (@teralawyaar) May 11, 2022
State of Indian judiciary.
State of the world.Men will tell women how they should feel when raped by husbands, and that it must not be the same as when raped by a stranger.
Men in positions of power will pass judgements on women's bodies.
Can that comet hit us already? https://t.co/gcPYKKbx6X
— Anuja Jaiman (@AnujaJaiman) May 11, 2022
Unbelievable statements. It pains me to no end to see how country level decisions are made on such arguments. How can a man compare the experiences of a woman in various circumstances! https://t.co/IuAn5eboiO
— Ramachandran Thiruvengadam MD (@rcthiru) May 12, 2022
Twitter also questioned Justice Shankar for using the term ‘ravaged’ instead of rape.
Are you *insert your choice of expletive* kidding me!
Also.What the actual FUCK is ‘ravaged’?!?
I understand the multiple meanings of the word but it’s, for the most part, used in a very different context.
You wouldn’t use it to describe a violent assault on a man. Why here? https://t.co/hdZEVmC2I1
— Rishabh (@MBHRishabh) May 11, 2022
"Ravaged" by a stranger > "Ravaged" by a husband.
Basically, dear women you are destined to be "ravaged." So accept that destiny at the hand of dear, dear husband. Because, husbands also have criminal mindset.
Indian judiciary logic 101 👌 https://t.co/mK26qoBvD7
— Kamalika Ghosh (@GhoshKamalika) May 12, 2022
men shouldn't be a part of this. women aren't a food item that you are calling it 'ravaged'. women are 'raped' by people who aren't strangers as well. so no relationship or level of understanding can be a factor in deciding how her 'experience' was when she was assaulted. stfu. https://t.co/WdwKKLF7gP
— s. | foolish one (@slippedaffairs) May 12, 2022
Why on earth rape by a known person supposed to be more acceptable than by a stranger? Is it okay to get murdered by your partner in comparison to a serial killer? WTF logic is this?? Rape is rape that needs to be treated like a crime it is https://t.co/URMRRZ95yY
— Babumoshai (@Bong_in_Delhi) May 12, 2022
Men using marriage as an excuse to sexually abuse women since ages. This is a "sacred" act apparently. https://t.co/aO4bYP4pAL
— mikutweets (@socho_na) May 11, 2022
This is so, so infuriating to read.
On one hand, you say "compelled", so you know it's not consensual. But rape is only rape if it's brutal, violent?! We KNOW that most sexual assault happens from known persons. So why put stranger violence on a higher pedestal? https://t.co/FH34MHcCsL— Geetika (she/her) (@geetikamantri) May 11, 2022
With all due respect, I cannot even begin to explain everything problematic with this statement. While I accept the verdict delivered by Justice C Hari Shankar of the Delhi High Court (not like we have a choice or a say in it) but the statement made here is questionable. Using the term ‘compel’ itself shows that there is a clear lack of consent and TBH, this term is just putting things lightly. We’re not talking about a situation where a husband convinces his wife to have sex but of a situation where the man forces her. And when the judge says ‘on occasion’, it seems like there is an upper limit to it which again sounds just as problematic. Calling a married woman’s sexual assault as an ‘experience’ and an unmarried woman’s sexual assault as being ‘ravaged by a stranger’ is just as bad. We’re not here to question and compare two cases of sexual assault. Moreover, we’ve already established the fact, with data might I add, that most women in India are raped by known persons. Now does that make the crime less violent? No, right? If we take cases of sexual assault on a woman by known people and relatives as heinous crimes, why do we let it slide when this known person is her husband? Moreover, is a woman supposed to accept her fate to get raped when she walks into a marriage which strips her of her fundamental rights of bodily autonomy and equality before the law? Another thing to note is the usage of the term ‘ravage’. We really aren’t talking about being ravaged but being raped. As a woman in India, I can vouch for the fact that the two things are not the same. Rape does a lot more than just damage or destroy a woman.
Also Read: Hautetalk: Marriage Cannot Take Away A Woman’s Right To Say ‘No’. Criminalising Marital Rape Is The Need Of The Hour
Over the years, we have already established that rape does ravage a woman so, why is the crime not called a crime because the person doing it is known to the woman? If anything being raped by her own husband can be much more traumatic and violent for a woman and I’m not even going to compare it to being raped by a stranger because rape is rape and the relationship that the victim has with the rapist has nothing to do with the crime. If a husband were to murder his wife, we wouldn’t say that the experience isn’t the same because of his relationship with the victim, would we? A crime remains a crime irrespective of the relationship. While I do understand the point that the judge was trying to make here but it could have been said in a better way. As a woman, I find that statement to be disrespectful. But at the same time, I do not agree with the people calling names and abusing the judge for his verdict (he’s just doing his job, even if it doesn’t sit right with all of us). And let us not forget the fact that one cannot disrespect a presiding judge no matter how strongly we feel about the subject. Being disrespectful towards a High Court judge for doing his job does not make us better people. Yes, we live in a free nation and can express our opinions on his observation but we can do this without being mean and disrespectful.
Also Read: Amid Delhi HC’s Split Verdict On Marital Rape, Twitter Seems To Be More Concerned About “Falses Cases Against Men”
So, a word of advice for my dear readers and netizens, please be a little respectful while making your point with facts and logic. Being rude on social media and shaming a judge is not the right way to go about this. We may not agree with him but we are obliged to respect him. His one judgement does not make him a bad person. It is okay to disagree but it’s not okay to disrespect or use derogatory terms for a presiding judge of the High Court.
