The Bitter Truth

  .                                                            Synopsis   Intelligible differentia : With marriage wife takes away the right of a husband to have sex with any other woman but any stranger woman doesn't takes away that right from any man. So certainly there is a  Intelligible differentia  between any other women and wife.      Intelligible differentia ·        We have bachelor male / female, he /she is legally allowed to have sex with anyone (not bounded by marriage). ·        We have divorced male / female, he /she is legally allowed to have sex with anyone (not bounded by marriage). · ...

                                                                                  Synopsis   Misuse : Every misuse of law violates the fundamental right of the innocent accused. As law authorities have failed to take any action against law misusers, than misuse is certainly a criteria as misuse also violates fundamental right.      Once it is guaranteed by the courts that the law misusers will be prosecuted then only it can be said that the misuse is not a criteria.                   Misuse So far the issue of misuse of law has been ignored. Misuse is something which is not even considered as criteria.   We know of the 498A misuse, even Hon’ble Supreme Court has termed it is ...

                                                                          Synopsis       Societal factor in rape: Rape is considered a heinous offence as it involves societal degradation, but when it is sex between husband and wife, whether forced or not, the societal factor does not come into play. That is why forced sex in marriage cannot be considered as rape at all.                                     Societal factor in rape   Can forced sex between husband and wife be considered as rape ?                                    Rape...

                                                                              Synopsis Absolute prohibition: When a man is married, sex outside of marriage is prohibited, he cannot have extramarital sex. It is considered as cruelty and he can be prosecuted by wife under Section 125 of CrPC and under Protection of Women from Domestic Violence Act. That means if wife denies sex to husband, wife can prosecute husband if he has sex outside marriage and can also prosecute husband for rape if he has sex with wife herself. That means it can lead to absolute prohibition for husband to have sex. Sexual organ is a natural organ of a human being like mouth and nose. No law can put absolute prohibition on   any human being to use his/her god given biological bodily organ, whether its nose,...