I don't know if you guys have been following this or not but there's a petition in Delhi High Court in India to criminalise marital rape( It was a big deal here for quite some time here). Marital rape isn't a crime in India unless the girl is under 15. This petition has been solidly opposed by many MRAs.

Most of us would agree that marital rape of men and women should certainly be a crime but as many might of you might know that according to Indian law, only the rape of a woman is a crime while the rape of an adult man isn't. When the government tried to criminalise male rape, feminists protested it and got it undone.

So obviously, it seems that if the petition is accepted only female marital rape will be criminalised. But other than the blatant misandry of the law, several other arguments have put forward to oppose the petition.

  1. The law will be way too open for misuse and filling false accusations. In India, the testimony of a woman can be used as evidence for rape. With the burden of proof completely reversed, false accusations are a pretty big issue in India and will be an even bigger issue given that the husband would have to disprove the wife.

  2. False accusations in other cases of family law are already a huge issue. Dowry law and domestic violence laws are blatantly misused to settle scores against the husband and his family. Even the Supreme Court admitted that this is a pretty big problem. And called the misuse legal terrorism.

  3. India suffers from chronic undertrials to the point that people spend years upon years in jail without any evidence. Add to that arrest on demand laws in domestic violence law where the police don't need pesky things like warrants or evidence to arrest someone. They can toss the person in jail, simply based on the word of the wife.

So these have been the predominant arguments against the criminalisation of martial rape. My thoughts are that marital rape should be criminalised, there's no excuse for rape. But the law should be gender neutral and have proper respect for due process for law. But at the very least, get rid of the arrest on demand laws and stop treating the wife's word as evidence.

I had like to know what's the community's opinion on this issue?

Sources:

https://m.timesofindia.com/india/activists-join-chorus-against-gender-neutral-rape-laws/articleshow/18840879.cms

https://m.timesofindia.com/india/accused-can-be-convicted-if-victim-testimony-trustworthy/amp_articleshow/58555506.cms

https://m.timesofindia.com/city/delhi/misuse-of-dowry-provisions-is-legal-terrorism-court/articleshow/7615680.cms

https://hindustannewshub.com/india-news/498-a-a-legal-shield-protecting-a-woman-from-harassment-understand-why-the-weapon-made-to-implicate-the-relatives-of-the-husband/