Why is PlayStation 5 always out of stock?
Technology
On August 26, PlayStation 5 and PlayStation 5 Digital, Sony’s next-gen consoles, sold out in minutes after being available at 12 PM IST via Indian retailers like ShopAtSC.com, Croma, Flipkart, Prepaid Gamer Card, and Reliance Digital. This was only the 7th restock for the PS5, and the 4th for the digital edition, as Sony still struggles to have stock for its fanbase.
Delay in India
In November 2020, Sony released its much-awaited next-gen console, The PlayStation 5 globally. However, PS5’s release was delayed in India due to the name “PS5” being trademarked by a different person. The dispute was later resolved, and the console was released on February 2nd, 2021, where it sold out in seconds.
But why so out of stock?
Sony released PS5 in the middle of a global pandemic, at a time when manufacturing was hit and the production supply chain was disrupted.
There is a huge global semiconductor shortage, the chips that serve as processors for running the console. Scalpers hoard the consoles, buying through bots incorporated on the websites, and then selling the consoles at a premium to the market price.
Traffic is real
The gaming community in India is growing exponentially, with WFH adding an incentive to purchase the new console. Retailers usually announce days before the console will be available, to create “hype” and drive consumers to their websites. The consumers then register in advance to give them an edge- allowing the sellers to have archive data for potential buyers.
Just for context
The Games the Shop website was down 15 minutes before pre-order started
Chroma’s server went down just before pre-order
Vijay Sales sold out under 30 seconds
ShopAtSC holds in an inevitable queue that never clears
So if you want to buy
You have to be vigilant. Since you are competing against thousands of gamers in India and bots (literal machines), you have to be quick.
Be already logged in with the delivery address and your information on the website that has the product, this ensures a quick checkout.
Subscribe to the newsletter from IGN, retailers, etc that will email you info over the availability of the same.
There is a famous Twitter bot named “PS5, XBOX X/S restock available in India?” and a Discord Community you can join over the same which informs you whenever the console is in stock.
Can a wife say no to sex?
Law
The Delhi HC in 2018 identified that marital rape is not an offense, but is an act of "mental cruelty".
“It connotes lack of respect, dignity, and sensitivity towards the wife and violates of the right to life and liberty as enshrined in the Constitution of India. The husband cannot indulge in sexual intimacy in such a manner that is discomforting to the wife's body, mind, and soul."
Sex, though with force, is not rape in India, but is a ground for divorce.
Further, it notes that:
Marriage is not a contract for legal sexual gratification.
A man does not have unfettered rights to demand and commit sexual intercourse with his wife without her consent or approval, nor does it imply that the husband is in a dominant position to impose himself upon the wife. The husband cannot indulge in sexual intimacy in such a manner that is discomforting to the wife's body, mind, and soul.
What about unnatural sex?
High Court of Gujarat in 2018, in the case of Nimeshbhai Bharatbhai Desai, held:
A wife can initiate proceedings against her husband against unnatural sex* under S. 377 of IPC
Consent is not a determining criterion in the case of unnatural offences. Any offence that can be described as carnal* penetration would constitute an offence under S. 377 of the IPC
Unnatural sex: Any kind of sex done by a man and a woman from front (anal and oral, both, are considered unnatural)
Carnal: To do with body and flesh
Denying sex for no reason is grounds for divorce
The Supreme Court in Viswanathan vs. Balakrishnan held that “… not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts to mental cruelty to such spouse.’
A division bench of Karnataka High Court rejecting the wife’s appeal to set aside divorce decree granted by the family court had held:
Denying sex to the husband without any specific reason is cruelty and a ground for divorce
Husband cannot be made to suffer for no fault of his and be deprived of his natural urge to enjoy sexual happiness if the wife is unwilling to share the bed and discharge her duties
The court cannot direct the husband to live without conjugal happiness for the rest of his life
Can a husband deny sex for no reason to his wife?
No, this can also be grounds for divorce. Delhi High Court while deciding an appeal where the wife had sought dissolution of marriage on the grounds that the husband had been denying sex held as under:
Marriage without sex is an anathema.
It cannot be denied that sexual activity in marriage has an extremely favourable influence on a woman's mind and body. …. It must be recognized that nothing is more fatal to marriage than disappointments in sexual intercourse.
Recent judgments
The High Court of Chhattisgarh, Bilaspur in the Order delivered on 23.08.2021 held that sex between a married couple is not marital rape even if it is by force.
A division bench of Kerala High Court in August 2021 dismissed the appeal of a man for reversal of Family Court order granting divorce to his wife, by stating that an “insatiable urge for wealth and sex” of a spouse also amounted to cruelty and called it a ground for divorce.
Thus, sex, though with force, is not rape in India, but a ground for divorce.
Marital rape in India is not penalized
Exception 2 to S. 375 of IPC reads as:
“Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”
Section 3 of Protection of Women from Domestic Violence Act, 2005 in its Explanation I (ii) better explains sexual abuse by the husband, and the same is considered domestic violence.
Will this ever change in the country?
RIT Foundation filed a PIL in 2015 to criminalize marital rape. Men’s Welfare Trust intervening the same claiming that:
Laws have already given a special status to a married woman, wherein she is liable to get maintenance, alimony, right to residence from her husband by way of various provisions
Men become vulnerable to victimization at the hands of women, who file false cases of sexual harassment, 498-A of the IPC and domestic violence, etc. Trust pointed out that around 62,000 married men commit suicide every year, which was more than double the suicides by women, with domestic including marital issues being the single largest reason.
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