Landmark Verdict
FORCED sex is tantamount to rape and rape is
a serious crime-no matter whoever is the aggressor. That is what the Supreme Court has
ruled. In a landmark verdict, the Supreme Court on Thursday declared rape as any sexual
intercourse between married couples without the wife’s consent. That clause had given
married men and sole the unbridled right to determine, demand or order sex with wife at
their will. The consent of the wife was not felt necessary only because she was married.
The latest verdict has also declared null and void a provision in the Civil Code that said
rape of a prostitute without her free will was punishable with a fine up to Rs. 500 or
with an imprisonment of up to one year. Women activists had long been contesting that
these laws were discriminatory and had not only ignored women’s will, but also made
them submissive when it came to sex. Prepared or not they could never resist physical
reunion when the husbands wanted it. Now they can say no and it is very important, for it
does check the tendency to take wives for granted on matters of sex. While this verdict is
expected to draw little bit of flak all members of society should take such responses by
the stride and just move ahead. The Supreme Court has already issued a directive order to
the Legislature and the defendant. His Majesty’s Government is to replace laws
keeping in mind the spirit of this verdict. It is only advisable that the legislative and
the Executive response positively to the Judiciary. They can not waste a number of years
as in the case of the property rights bill. Such a practice will also help maintain a
positive balance of power between the state organs. In the years following the restoration
of democracy Nepal’s Judiciary has been "women friendly" and the apex court
has made a number of decisions, contributing to the promotion of the ‘weaker
sex". This is a very positive step towards mainstreaming and empowering women in view
of the changing times.
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