- kewal sethi
the law about marital rape
the discussions about the marital rape is engaging the attention of the best (as they believe) minds of he land. the central government says they are consulting people about it. so here is my contribution to the thinking.
A G R E E M E N T
Signed this day, fifteenth of January 2022
Kumari ABC daughter of Shrimati and Shri DEF resident of . . . . . . . . .
Shri XYZ son of shri UVW resident of . . . . . . . . . . . . . .
Whereas Party number one and Party number two have agreed to marry each other, this agreement is drawn up to stipulate the conditions attending the marriage to avoid any complication in future life under one roof.
1. Upon marriage, the party number one will move to the house of party number two and will be made welcome to that house which will, hereafter, be called home.
2. For the purpose of stipulation of the above condition, party number two shall procure a house of suitable category appropriate to the status of party number one which will be for exclusive use of the two contracting parties and such offspring(s) as may result as the consequences of marriage.
3. If any person belonging to any sex and relation of party number two shall visit the home of the two contracting parties, it shall be incumbent for them to obtain prior permission of the contracting parties stating the culinary habits, waking up and sleeping time, duration of stay and other attendant requirements.
provided that this shall not apply to the parents and siblings and their spouses of party number one.
4. For the duration of the visits of persons as described in rule 3 above, an amount of rupees five hundred per day shall be paid by party number two to party number one.
provided that if the stay continues beyond the stipulated time, the amount to be paid to party number one will be doubled for each subsequent period of duration.
explanation – if the duration agreed upon is one week and is extended beyond one week, the amount paid shall be rs. 1000 for first week. rs. 2000 for the second week; rs. 4000 for the third week and so on.
5. party number one agrees to have sexual relations with party number two for one year which shall not exceed three times a week.
provided that this does not apply to holding hands which shall be without limit whether on the premises or outside.
provided further that such holding of hands will be in a way not to cause annoyance to visitors or onlookers, as the case maybe.
further provided that on demand of party number one for sexual relation, the party number two shall not refuse and any refusal will attract the provisions of domestic violence as per law in this regard.
6. after one year, party number two will require a written permission of party number one to have sexual relation failing which the appropriate provisions of the law regarding marital rape shall be attracted.
provided that such permission may be granted in oral but written permission must be obtained after the event,which shall be granted or refused at the sole discretion of party number one,
provided that such permission shall be valid only if it is given within three days of the occurrence.
provided further that permission cannot be assumed in anticipation of subsequent permission.
7. this agreement is initially valid for five years after which it shall be reviewed to provide for inflation (in so far as visits of relatives is concerned), frequency of sexual relations and such other attendant matters, as may be necessary.
8. any violations of the provisions of this agreement shall be visited with a payment of rupees five thousand for the first violation to be increased by hundred percent for each similar violation.
signed today the fifteenth of january 2022 in the presence of parents of the two contracting parties who will be guarantors of the condition stipulated herein.