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.

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News Network
April 6,2020

Hubli, April 6: A disinfection tunnel was installed at the entrance of the Agricultural Produce Market Committee (APMC) market here on Sunday.

The tunnel, installed with the help of Young India.org, sprays people with a small percentage of Sodium hypochlorite solution through nozzles in order to sanitise them before they enter the market.

"It is helpful for all the farmers, vegetable vendors and other people who are coming and going to the APMC market. This is very useful," said Jagdish Shettar, Minister of Large and Medium Scale Industries, Karnataka.

With regards to any plans of more devices being added in the near future, Shettar added: "Firstly, we will have to see what would be the public's reaction and then, later on, we will decide."

President of Confederation of Indian Industry, Hubli VSV Prasad said that the setting up of this tunnel can help curtail the spread of Coronavirus "by disinfecting the bacteria of the body".

While it was on the trial stage right now, Prasad hopes that the trial is successful and the chamber is set up in more public places. With regards to the cost of the tunnel, he said: "The cost is around Rs 1.5 Lac to Rs 2 Lac and hopefully it will come down once we go for production," he added.

Srinivas Joshi, a representative of Young India.org, speaking to news agency said: "We have added 1.8 percent of Sodium hypochlorite solution in 100 litres of water. It is pumped through high-pressure pumps and sprayed like a mist via nozzles for 3-5 seconds which is very less time to cause any kind of allergy."

"People who are allergic to chemicals should avoid going through this chamber. We are putting signboard very soon," he added.

The number of positive cases of coronavirus in the country continues to surge. As per the Ministry of Health and Family Welfare, the total number of confirmed COVID-19 cases is 3,577 with 83 deaths.

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News Network
June 25,2020

Bengaluru, Jun 25: Secondary School Leaving Certificate (SSLC) examinations commenced in Karnataka on Thursday amid relaxation of COVID-19 lockdown restrictions.

Schools in the state ensured that social distancing norms were followed and other precautionary measures taken at the examination centres. All the students underwent thermal screening at the centres and were provided hand sanitisers and masks.

"Today, 464 students are writing the exam. In every classroom, 20 students will be writing their papers. We have also arrangements two separate classrooms for those from containment zones and those who are unwell," said Sister Sagaimir, Principal, St. Joseph's Convent Girls High School.

"We have been working for the last two weeks to put everything in place for the examination Ensuring they maintain social distancing, wear a mask and sanitise," she added.

In other schools, arrangements at the designated centres were inspected before the exams began.

Yesterday, Medical Education Minister Dr K Sudhakar held a video conference with senior officials to review the preparedness for safely conducting the SSLC examinations scheduled on June 25.

"8,48,203 students will appear for the SSLC examination starting tomorrow in 2,879 centres across the state. All the guidelines issues by state government must be followed strictly" Sudhakar said in the meeting.

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News Network
March 7,2020

New Delhi, Mar 7: The Supreme Court on Friday stayed the bail granted by Karnataka High Court to 21 Popular Front of India (PFI) members accused in connection with violence that erupted during the protests against the Citizenship Amendment Act (CAA) in Karnataka's Mangaluru in December 2019.

On February 17, the High Court had granted bail to the accused on the bail petition filed by Mohammed Ashik.

A bench consisting Chief Justice S A Bobde issued notice to the accused on Friday after taking cognisance of the plea filed by Karnataka government against the bail granted by the High Court.

Appearing for the state government, Solicitor General Tushar Mehta criticised the High Court's order stating that at least 56 policemen sustained injuries during the violent protests.

Two persons identified as Jaleel (43) of Kudroli and Nousheen (49) of Bengre had died at a private hospital following the bullet injuries they sustained in an alleged police firing during a protest against CAA 2019.

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Abdul Gaffar Bolar
 - 
Saturday, 7 Mar 2020

RSSupreme court!

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