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
January 18,2020

New Delhi, Jan 18: Lieutenant Governor (LG) Anil Baijal has granted the power of detaining authority to the Delhi Police Commissioner under the National Security Act (NSA), according to a notification. The NSA allows preventive detention of an individual for months if the authorities feel that the individual is a threat to the national security, and law and order, sources said.

In exercise of the powers conferred by sub-section (3) of section 3, read with clause (c) of Section 2 of the National Security Act, 1980, the Lt Governor is pleased to direct that during the period January 19 to April 18, the Delhi Police Commissioner may also exercise the powers of detaining authority under sub-section (2) of the section 3 of the aforesaid Act, the notification stated.

The notification has been issued on January 10 following the approval of the LG.

It comes at a time when the national capital has been witnessing a number of protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).

However, the Delhi Police said it is a routine order that has been issued in every quarter and has nothing to do with the current situation.

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 29,2020

New Delhi, Apr 29: WhatsApp on Tuesday said it will now allow up to eight people to connect on a group video call as an increasing number of people turn to digital platforms to connect with friends and family amid the COVID-19 pandemic.

The Facebook-owned company said over the last month, people on average are spending over 15 billion minutes talking each day on WhatsApp calls, well above a typical day before the pandemic.

"...we see that people all over the world are turning to voice and video calling on WhatsApp more than ever before. Group calling has been particularly useful and our users have asked to connect with more people at once," WhatsApp said in a blogpost.

Starting Tuesday, the company is doubling the number of participants one can have on a WhatsApp video or voice call from 4 to 8 people at a time, it added.

WhatsApp emphasised that like written messages, all calls on its platform are protected with end-to-end encryption.

"We have built group calling in a way that makes it available for as many users as possible, including people on lower-end devices and slow network conditions," it added.

Also Read: Coronavirus India update: State-wise total number of confirmed cases, deaths

WhatsApp said that to access the new, higher participant limit on WhatsApp calls, all participants in a call need to update to the latest version of WhatsApp available on iPhone or Android.

Video calling tools like Google Meet, Microsoft Teams, Zoom and others have also seen a significant jump in userbase and traffic as people connect while maintaining social distancing amid the coronavirus outbreak.

Last week, Facebook had introduced Messenger Rooms that will soon hold up to 50 people with no time limit.

It had added that the company will also add ways to create rooms from Instagram Direct, WhatsApp and Portal.

Noting that between WhatsApp and Messenger, more than 700 million accounts participate in calls every day, Facebook had said, adding that video calling on Messenger and WhatsApp more than doubled in many countries.

Also, views of Facebook Live and Instagram Live videos have also increased significantly in March, it said.

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.
Media Release
May 6,2020

Mangaluru, May 6: The Kanara Chamber of Commerce and Industry has urged the government to consider erstwhile undivided Dakshina Kannada (now DK & Udupi) as one unit for the purpose of movement of people. KCCI president Isaac Vas has written a letter to Karnataka chief secretary T M Vijay Bhaskar in this regard. 

Mr Vas said: Even though the erstwhile Dakshina Kannada district was bifurcated in 1997 for administration purposes, the two districts are actually an urban agglomeration with most of the population residing in suburbs/towns. Office Staff, technical crew and labour of many industries reside in either district and commute daily for work within an efficient transport system.

The present restriction on Inter-district movement in view of the Lockdown is hindering the kick starting of industries and commerce. Workers are deprived of their livelihood and Industry and business owners are finding it challenging to move forward. To add to this, the migrant labour is moving back to their native places further aggravating the situation. Many Industries and Commercial establishments have requested us to take up this matter with the government, he said.

“Hence, we kindly request you to consider these two districts as one geographical area for the movement of people and private vehicles,” he said adding that this would facilitate movement of people for employment and business in either districts of Dakshina Kannada & Udupi.

He pointed out that Bangalore Rural, Bangalore Urban, Ramanagara, Chikkaballapur and Kolar are considered as a single unit as per your order No. RD158/TNR 2020 dt 03/05/2020 (Clause 2(a)).

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.