Criminalising marital rape will destabilise marriage: govt

Agencies
August 29, 2017

New Delhi, Aug 29: Marital rape cannot be made a criminal offence as it could become a phenomenon which may destabilise the institution of marriage and an easy tool for harassing the husbands, government today submitted before the Delhi High Court.

The Centre, in an affidavit filed in response to pleas seeking criminalising marital rape, said the Supreme Court and various High Courts have already observed the growing misuse of section 498A (harassment caused to a married woman by her husband and in-laws) of IPC.

The reply, filed before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, also sought to implead state governments in the matter to know their opinion to avoid any complication at a later stage.

"It has to be ensured adequately that marital rape does not become a phenomenon which may destabilise the institution of marriage apart from being an easy tool for harassing the husbands," the affidavit, filed through central government standing counsel Monika Arora, said.

The government was responding to various petitions seeking declaration of Section 375 (offence of rape) of the IPC as unconstitutional on the ground that it discriminated against married women being sexually assaulted by their husbands.

During the day's hearing, senior advocate advocate Colin Gonsalves, appearing for one of the petitioners, argued that marriage cannot be viewed as giving a husband the right to coerced intercourse on demand.

He said a marriage licence cannot be viewed as licence for a husband to forcibly rape his wife with impunity and a married woman has the same right of full control over her body as an unmarried woman. He also referred to various judgments of foreign countries.
The hearing in the matter would continue tomorrow.

Marital rape (or spousal rape) is an act in which one of the spouses indulges in sexual intercourse without the consent of the other.

The Centre said in the affidavit that marital rape has not been defined in a statute or law, while the offence of rape is defined under section 375 IPC. Hence, defining marital rape would call for a broad based consensus of the society.

"What may appear to be marital rape to an individual wife, it may not appear so to others. As to what constitutes marital rape and what would constitute marital non-rape needs to be defined precisely before a view on its criminalisation is taken," it said.

It said merely deleting the exception which provides protection to husbands from prosecution for the offence of rape, may not stop marital rape. "Moral and social awareness" plays a vital role in stopping such an act, it added.

"If all sexual acts by a man with his own wife will qualify to be marital rape, then the judgment as to whether it is a marital rape or not will singularly rest with the wife.

"The question is what evidences the courts will rely upon in such circumstances, as there can be no lasting evidence in case of sexual acts between a man and his own wife," the affidavit read.

It also referred to the reports of Law Commission and Parliamentary Standing Committee on Home Affairs, saying they have examined the matter and did not recommend criminalisation of marital rape.

Citing the Justice J S Verma Committee Report on "Amendments to Criminal Law", it said it was recommended that the exception to marital rape be removed, but it also pointed out that it is also important that legal prohibition on marital rape is accompanied by changes in the attitude of the prosecutors, police officers and those in society generally.

Regarding the petitioners' submission that other countries, mostly western, have criminalised marital rape, the Centre said it does not necessarily mean India should also follow them blindly.

"This country has its own unique problems due to various factors like literacy, lack of financial empowerment of the majority of females, mindset of the society, vast diversity, poverty, etc. and these should be considered carefully before criminalising marital rape," it said.

The affidavit said that criminal law is in the Concurrent List and implemented by the states and there is a vast diversity in the cultures of these states.

The high court had earlier asked the Centre to spell out its stand on petitions seeking to make marital rape a criminal offence.

It has agreed to examine the issue raised in PILs by NGOs RIT Foundation, All India Democratic Women's Association, represented through advocate Karuna Nandy, and a man and a woman, who have sought striking down of the exception in the Indian penal law that did not consider sexual intercourse with a minor wife, above 15 years of age, as rape.

The court has also agreed to hear a plea by NGO Men Welfare Trust, representing men victimised by alleged misuse of gender laws, opposing the petitions to make marital rape a criminal offence.

Earlier, the Centre had defended its legislation, saying child marriages were taking place in India and the decision to retain a girl's minimum age as 15 years to marry was taken under the amended rape law to protect a couple against criminalisation of their sexual activity.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 3,2020

New Delhi, Mar 3: A day after two new cases of novel coronavirus that included one from Delhi were reported, the Health Ministry on Tuesday said six cases with "high-viral load" were detected during sample testing in Agra and these people have been kept in isolation. The six people had come in contact with a 45-year-old patient from Delhi, whose case came to light on Monday, and they include his family members.

According to government sources, the man, who is a resident of Mayur Vihar, had visited them in Agra.

The six have been kept in isolation at Safdarjung Hospital in Delhi and their samples are being sent to NIV, Pune for confirmation.

Contact tracing of the people who came in contact with the six is simultaneously being done through the Integrated Disease Surveillance Program (IDSP) network, the ministry said in a statement.

Sources said the patient from Mayur Vihar was shifted to a quarantine ward at Safdarjung Hospital on Sunday night.

His other family members have been asked to stay alert and look out for symptoms. One accountant, who came in contact with the man and some of his family members, was also quarantined, they said.

India on Monday reported two new cases of the novel coronavirus, one from Delhi and another one from Hyderabad. The government has stepped up its efforts to detect and check the infection which has killed 2,912 people in China.

On Monday, Rajasthan Health Minister Raghu Sharma had said that an Italian tourist tested positive for coronavirus in Jaipur.

The first sample collected from him on February 29 tested negative but his condition deteriorated, so a second sample was collected which tested positive on Monday, the minister said, adding, "Since there is a variation in the reports, the samples have been sent to the NIV, Pune for testing".

India had earlier reported three cases from Kerala, including two medical students from Wuhan in China, the epicentre of the deadly novel coronavirus. They had self-reported on their return to the country and tested positive for the infection. They were discharged from hospitals last month following recovery.

The infected person from Delhi had travelled to Italy, while the other patient who tested positive for the COVID-19 infection is from Telangana and had recently travelled to Dubai.

Both the patients had self-reported after they developed symptoms.

"They tested positive. They are stable and being closely monitored," ministry said on Monday.

The government has asked people to avoid non-essential travel to Iran, Italy, South Korea and Singapore and said India was in discussions with authorities in Iran and Italy, two countries badly affected by the infection, to evacuate Indians there.

The novel coronavirus or COVID-19, which originated in China, has spread to over 60 countries.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
July 25,2020

Mangaluru/Udupi, Jul 25: Karnataka’s twin coastal districts of Dakshina Kannada and Udupi recorded 400 new covid-19 cases and nine fatalities in past 24 hours. While DK’s death toll mounted to 115, Udupi’s toll mounted to 15.

Dakshina Kannada

Dakshina Kannada alone recorded 218 new covid cases and eight deaths. The total number of positive cases mounted to 4,612. Out of these, 2,370 cases are currently active. As many as 2,127 persons have recovered and been discharged.

Of the 218 who tested positive on Saturday, 46 are primary contacts, 87 have ILI symptoms, 15 have SARI symptoms, and contacts of 70 are being traced.

Among the eight deaths that occurred on Saturday, the first is of a 44-year-old man from Mangaluru. He was admitted to private hospital on July 23, and breathed his last on same day. He was suffering from sepsis with septic shock and viral infection. 

The second is 78-year-old man from Bhatkal. He was admitted to a private hospital on July 18, and passed away July 23. He suffered from refractory hypoxemia, refractory ARDS and secondary bacterial infection. 

The third is an 88-year-old man from Mangaluru. He was admitted to a private hospital on July 10, and passed away on July 23. He suffered from hypoxemia, refractory ARDS and renal failure. 

The fourth is a 68-year-old man from Bantwal. He was admitted to a private hospital on June 7, and passed away on July 23. He suffered from septic shock. 

The fifth is a 68-year-old man from Mangaluru. He was admitted to a private hospital on July 17, and passed away on July 23. He was suffering from ARDS and Acute coronary event. 

The sixth is a 75-year-old man from Mangaluru. She was admitted to private hospital on July 14 and passed away on July 24. He was suffering from refractory hypoxemia, refractory ARDS and respiratory distress. 

The seventh is a 76-year-old female from Mangaluru. She was admitted to private hospital on July 21 and passed away on July 24. She was suffering from refractory hypoxemia, refractory ARDS, viral pneumonia, T2 DM and hypertension. 

The eighth is a 53-year-old female. She was admitted to private hospital on July 24 and passed away on July 24. She was suffering from sepsis with multi-organ dysfunction, cardiogenic shock, hypertension, type 2 diabetes mellitus, peripheral vascular disease and diabetic foot on right side LRTI.

Udupi

Udupi recorded 182 new covid cases in past 24 hours and the total reached 3,218. As many as 2,008 patients have been discharged so far including 79 on Saturday, and 1,199 cases are currently active. 

Among the new cases, 96 are in Udupi, 37 in Kundapur, and 49 in Karkala. They include 109 men and 68 women, and two boys and three girls. As many as 539 are under home isolation.

As many as 15 covid related deaths have occurred in the district so far including the one on Saturday. 

45-year-old man from Kollur was admitted to KMC Hospital, Manipal, as he was suffering from lung cancer. He was tested positive for coronavirus and then shifted to covid-19 hospital, where he breathed his last.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 10,2020

Bengaluru, Apr. 10: Karnataka Congress leader DK Shivakumar on Thursday appealed to party workers to save the lives of people of the state and show solidarity with the people in need amid the coronavirus lockdown.

"Humble appeal to Congress party workers that the time has come to do our best to save the lives of people of Karnataka. Hospitals across Karnataka are running short of blood. This is a call for able-bodied to volunteer & donate blood. Let us show solidarity with people in need," Shivakumar tweeted.

With 16 fresh COVID-19 cases reported in the last 24 hours, the total number of confirmed cases in Karnataka reached 197 on Thursday, according to the state's Health Department.

India's total COVID-19 cases rose to 5,865 on Thursday, with 591 new cases reported in the last 24 hours, according to the Ministry of Health and Family Welfare.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.