News Highlight
Supreme Court to hear a batch of petitions pertaining to the criminalisation of marital rape on May 9.
Key Takeaway
- On March 22, the Supreme Court decided to hear a series of petitions seeking to criminalise marital rape on May 9.
- A three-judge Bench led by Chief Justice of India D.Y. Chandrachud heard an oral plea for an early listing of the case by senior counsel Indira Jaising.
- The Karnataka High Court ruled that if a husband has forcible intercourse with his wife, he can be punished with rape under the Indian Criminal Code (IPC).
- The Karnataka government later endorsed the High Court decision in an affidavit filed with the Supreme Court.
- Exception two to Section 375 of the IPC criminalises marital rape and declares sexual intercourse between a man and his wife.
- Who is not under 18, without her agreement, is not raped.
Marital Rape
- About
- Having sexual relations with one’s spouse without her consent is known as marital rape.
- Domestic violence and sexual abuse have similar manifestations.
- It is frequently a chronic kind of violence for the victim inside abusive relationships.
- Legal provisions
- Section 375 of the IPC defines rape and the idea of consent but adds that these criteria do not apply to married couples.
- Additionally, sexual intercourse between a man and his wife, if the wife is over 15, is not rape.
- Furthermore, there are no other laws or laws that recognise marital abuse.
- Victims can only seek civil remedies under the Protection of Women from the Domestic Violence Act of 2005.
- Status in India
- Historically considered a right of the spouses, this is now widely classified as rape by many societies worldwide.
- Marital abuse is not a criminal offence in India (as protected under IPC section 375).
- India is one of fifty countries that have not outlawed marital rape.
Arguments For Criminalising Marital Rape
- Marriage is not a license
- Marriage should not be considered a licence for a husband to rape his wife without consequence.
- A married woman has the same right as an unmarried woman to regulate her body.
- Bodily Integrity is intrinsic to Article 21
- A woman has the right to decline sexual intercourse with her spouse, according to Article 21 of the Constitution.
- It guarantees the right to bodily integrity and privacy.
- The Supreme Court has interpreted Article 21 to include the sacredness of women and the ability to make sexually active decisions.
Arguments Against Criminalising Marital Rape
- Misuse of law
- It may become an easy instrument for harassing husbands by misusing the law, comparable to the growing misuse of Section 498A of the IPC.
- Implementation issues
- Making marital rape a crime will raise major implementation issues such as the truthfulness of testimony, evidence in court, and so on.
- Destabilise marriage as an institution
- It may cause complete family chaos and destabilise marriage.
- Law Commission has not recommended
- After a thorough investigation, the Indian Law Commission and the Parliamentary Standing Committee on Home Affairs did not recommend criminalising marital rape.
Conclusion
- Marital rape is a complex topic that requires a thorough examination.
- Making marital rape a crime will not only assist.
- Instead, there is a need to correct and address gaps in existing laws, as well as eliminate obsolete ones that tend to work against the well-being of women and society as a whole.
- Public consultation and discussion with all stakeholders could be the way to go.
Pic Courtesy: freepik
Content Source: The Hindu