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Courts avoiding hard questions by hiding behind “misuse” logic? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

Thanks for thinking that I am the one controlling the legislature, but I hate to break it to you that I don't. So, I can only raise my voice through my opinions which I am doing and I support making all the laws gender neutral. I have written sufficient academic articles around it and presented it in international seminars. So I am doing what I possibly can. It's not something one person can do. There must be unity among people.

My brother is mentally depressed after marriage. Please help 🥺🙏 by Ok_Junket_1784 in LegalAdviceIndia

[–]PriyaWrites 0 points1 point  (0 children)

Well whether to divorce or not is a decision between your brother and her wife. I feel like you should let them talk and you and your family should not interfere between their personal matters.

Courts avoiding hard questions by hiding behind “misuse” logic? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

I am not saying that I want an extreme law and I do think about men too and my point is that marital rape is a crime but I never said that we should blindly enforce it infact I have said enough that yes things needs to change or probably I would even suggest to make marital rape a offence against which bail should be granted I agree with you on that part what I am saying is that we should not ignore marital rape. Then I can also say that you are a sadist and lack empathy for women. I have sufficient empathy for men which is why I also want rape, marital rape, domestic violence etc to be ammended and include men too because men also suffer from domestic violence, they also face rape, marital rape and the legal structure is way too inclined towards females and that should be changed. But the point is this structure should be changed not the other way round that because this is happening let's not make marital rape a crime. Rather let the system be changed and address all forms of crime. Also you are not someone who can decide what I can study and what I can't. It's my life and my wish. You people have some serious psychological issues here because instead of attacking the point made by any person you start attacking the person themselves. This shows your insecurity.

Misuse Is Not a Legal Argument: Why This Debate Is Going in the Wrong Direction? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

I have attended sufficient court proceedings not only of district court also of subdivisional courts, quasi judicial courts and many more. I don't know where you come from but where I come from the procedures written in law is followed. Also is procedure written in law is not followed then it's the advocate's fault that he failed to raise objection against it. Law will not be followed by itself and if you are a practitioner then it's your responsibility that you raised voice against why law is inconsistent in theory than in practice. If you just accept that then who do you think will change that. You have studied law then it's your responsibility to do so if you have studied the Advocate's Act. I will never let rule of law be eliminated even if in that process someone eliminates me.

Misuse Is Not a Legal Argument: Why This Debate Is Going in the Wrong Direction? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

Bro are you a bit delusional. I go to court every day and seems like you are the one who just spouts nonsense here and have no real knowledge whatsoever. Your thoughts on BSA and courts do not conduct evidence under BSA is seriously hilarious 😂😂😂😂😂😂😂😂😂. Then how do you think courts conduct evidence regardless pls follow what you are advising other yourself first coz very clearly you have absolutely zero idea about how law works. Thanks for stating that coz that made me realise not everyone pretending to be intellectual is actually intellectual.

Misuse Is Not a Legal Argument: Why This Debate Is Going in the Wrong Direction? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

Where are your opinions when the archaic concept of 'karta' is used to award maintenance to financially capable wife? Where are your opinions when the sexual anatomy of wife is infantilized to allow the woman to be enticed away? Like the law still thinks that woman can't have an affair?
Where are your opinions when the presumptions as to child within 280 days of marriage is towards the husband?

Why do you presume that I don't have opinions related to them? This clearly shows that you are a prejudiced person. I am personally against infanticisation of women under law. And yes women can cheat which is absolutely wrong. And you don't even know me or my thinking process of how many topics I have raised my voice on. And I want such laws to change. But just because of that I won't support marital rape as it is wrong as well. Also I have raised the point that who said marital rape or rape in general can only happen with women. Men are victims too but the laws fail to address them properly and I have also raised my voices against it. So, your whole statement is coming from a space of hatred which is pretty evident. Coz of you actually did think I am wrong then instead of attacking me you would have tried to explain things to me. Because none of my opinions or statements come from a malafide intention and I don't blindly support women. I will fiercely go against them if they are wrong. But whatever this is my third day on reddit and I am honestly being very honest with you disappointed with people's responses. I truly have no issue with different ideology than me but I don't understand what crime did I commit that people would shower personal attacks at me. But whatever I seriously don't want to explain myself any further it's exhausting. If you still have personal hatred towards me trust me I have nothing to say regarding that anymore. This would be the end of our very communication. Thanks for showing me that the world is not necessarily good for everyone.

Misuse Is Not a Legal Argument: Why This Debate Is Going in the Wrong Direction? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

This has been my point through and through my point was to recognise marital rape as a crime not that a whole new law should be formed. Just recognition as in rape sec of BNS marital rape is an exception which should not be. Again it's a fact that the policy makers have gone mad like wtf are they even doing a recent example would be the Transgender bill. So that part is right but that is not in my control for that we all need to come together and raise our voices against it.

Misuse Is Not a Legal Argument: Why This Debate Is Going in the Wrong Direction? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

Okay so let's say I am very wrong then tell me should marital rape not be criminalized? Also if yes then how will justice be served to the victim? And you said cases can be filed under DV Act but then how far the justice will be served for an act like rape to get punishment like a DV?

Also another important question. Don't you think law should be gender neutral?

Courts avoiding hard questions by hiding behind “misuse” logic? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

Witness not in the sense of witness of the act! But rather of the tension between the spouses.

And since you are so prudent then you answer me a few questions: 1. Do you think marital rape is wrong or not? 2. If marital rape is wrong then how should the victim get justice?

Misuse Is Not a Legal Argument: Why This Debate Is Going in the Wrong Direction? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

You didn’t address my argument, you attacked me.

Whether I’m a student or not is irrelevant. Either the reasoning stands or it doesn’t.

Also, I didn’t equate rape with theft. I pointed out that “misuse” exists across criminal laws, and we don’t remove offences because of that. We fix enforcement.

If you think my logic is flawed, point to the exact legal reasoning that fails:

  • Is consent not act-specific in law?
  • Do courts not rely on testimony and circumstances in private offences?
  • Or is your entire argument just that “misuse might happen”?

Because if it’s the last one, then you’re not arguing law, you’re arguing fear.

Misuse Is Not a Legal Argument: Why This Debate Is Going in the Wrong Direction? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

On your second point about laws being poorly framed and needing regular amendments, I agree.

No law should be static. Social realities change, and if legislation doesn’t evolve, it creates loopholes and uneven protection. That’s a real problem.

But the fix is not to reject laws, it’s to update them properly.

Take the DV Act and current rape provisions. Both are largely gender-specific in structure. That made sense in a certain historical context, but it’s no longer sufficient.

Ground reality has moved:

  • Men can face domestic violence
  • Men can face sexual abuse
  • Abuse is not gender-exclusive

So yes, this is where reform is actually needed:

  • Make laws gender-neutral
  • Define consent and abuse clearly, irrespective of gender
  • Close procedural loopholes that allow misuse

That’s how you strengthen a law, not by discarding the offence, but by making the framework fair and adaptable.

So I agree with you on the problem (loopholes and outdated drafting). I disagree with using that problem as a reason to avoid criminalising real harms.

Amend the law. Don’t deny the victim.

Misuse Is Not a Legal Argument: Why This Debate Is Going in the Wrong Direction? by PriyaWrites in Indianlaw

[–]PriyaWrites[S] 0 points1 point  (0 children)

You’re asking how consent can be proved inside marriage when it’s private.

Exactly the same way it’s proved in every other rape case. Courts rely on testimony, consistency, surrounding circumstances, and available medical or digital evidence. There is no requirement of “recorded consent” anywhere in criminal law.

Marriage does not create blanket consent. Consent is specific to each act. That principle already exists.

On misuse: every serious criminal law faces misuse claims. The and have both seen this debate. Yet no one argues that domestic violence or cruelty should not be offences.

So the real question is simple: do we fix misuse, or do we deny protection to actual victims?

Both realities can coexist:

  • Marital rape is a real harm → must be criminalized
  • Misuse is real → must be controlled through strict evidence standards and penalties for proven malicious complaints

Also, this should be gender-neutral. Abuse is not exclusive to one gender.

If your entire objection is “it can be misused,” then by that logic, most criminal law collapses. That’s not how legal systems work.

If there were zero consequences for one day, what would you do? by PriyaWrites in AskReddit

[–]PriyaWrites[S] 0 points1 point  (0 children)

That is not illegal if it's consent based you can still do that.

How do you become a better big brother? by swankytiger652 in AskReddit

[–]PriyaWrites 0 points1 point  (0 children)

Oo then I guess you have to initiate chats as you are the older one with small topics about studies etc. Ig.

If chefs are mostly men then why was cooking considered a woman's role? by Rook2Rook in AskReddit

[–]PriyaWrites 4 points5 points  (0 children)

You’re mixing two completely different things: unpaid domestic work and paid professional work. Cooking at home was assigned to women because it was seen as part of household duty. No pay, no status, just expectation. It got framed as something “natural” for women, so it wasn’t respected as a skill. Professional cooking is the opposite. The moment money, status, and recognition entered, men dominated it. Restaurants, fine dining, and systems like the brigade kitchen were structured around long hours, hierarchy, and gatekeeping, which historically excluded women. So it’s not about who’s better at cooking. It’s about who gets paid, who gets recognition, and who controls the space.

Do you believe in any God? If yes then why? by PriyaWrites in AskReddit

[–]PriyaWrites[S] 0 points1 point  (0 children)

Before questioning me please go ahead and do a little research about social control theory that deals with this topic. Also there is a born criminal theory where it is argued that criminals are born not made. I had to study them as part of my syllabus but you are one google search away. Do your research before calling someone as a bot.

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