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
March 12,2020

New Delhi, Mar 12: TMC MP Saugata Roy said Home Minister Amit Shah should resign for "failing" to control the riots in Delhi and demanded a judicial inquiry by a sitting Supreme Court judge.

Participating in a discussion on the violence in Delhi in Lok Sabha, Roy said the Delhi riots happened 72 years after Mahatma Gandhi was killed by a Hindu fanatic.

"Gandhiji has been murdered again in Delhi by, you know who," Roy said while addressing the Chair.

Taking on BJP MP Meenakshi Lekhi for defending BJP leaders for their controversial remarks, which he claimed instigated the violence, Roy said he has seldom heard such a communal speech ever.

Dubbing the BJP MP as "Devil's Advocate", Roy said, "She spent five minutes defending the most hated man. May I quote (William) Shakespeare and call her the Devil's Advocate?...She is the best Devil's Advocate possible. She has also been an advocate for the Delhi Police which has shown total inaction and ineptness in this whole riot in Delhi."

Thereafter Roy trained his gun at Shah, who was present in the house while the TMC MP was speaking.

He said that when the riots started on February 24, Home Minister Shah was sitting in the front row at Motera Stadium (in Gujarat) welcoming US President Donald Trump.

"When Mr. Shah should have been in Delhi Police control room, he was welcoming Mr. Trump at Motera. There was no order to the police. Then on 25th, things went out of control. Armed mobs fought with each other on the streets of Delhi," Roy said.

Demanding resignation of Shah, Roy raised questions on NSA Ajit Doval's visit to the riots-affected areas on February 26 and asked what was the Home Minister doing.

"Is it NSA's business to control ordinary law and order situation? Why was the Home Minister absent in action? There is no explanation for the same," he said.

The TMC leader said he feels bad standing face-to-face with Shah.

"He is still young, he has a good future. He should acknowledge responsibility for his failure to control or stop Delhi riots and bring peace in three days. In the name of God, go and do not stay in the Home Minister's position," Roy said, adding he is the man who could not prevent riots in Delhi, at a place 10 kilometres away from the Home Ministry.

Roy demanded a judicial inquiry into the riots by a sitting Supreme Court judge and complete rehabilitation for all the riot victims.

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News Network
May 27,2020

Bengaluru, May 27: Karnataka Chief Minister Yediyurappa on Wednesday said that his government will re-open temples, mosques and churches in the state after May 31.

"We are going to open temples, mosques and churches in the state after May 31, he said while speaking to media in Bengaluru.

The Chief Minister added that the "guidelines will be followed" as suggested by experts for opening the worship places.

"We have no objections to open malls and cinema halls, but we are waiting for the guidelines of the central government, Prime Minister will take decisions to allow malls and cinemas to open," he added.

Yediyurappa has said that people from Gujarat, Maharashtra, Kerala and Tamil Nadu will not be allowed in the state till May 31.

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News Network
May 27,2020

Mumbai, May 27: The Maharashtra government on Tuesday ordered re investigation by the CID into the suicide of a 53-year-old interior designer and his mother, allegedly over non-payment of dues by TV journalist Arnab Goswami and two others.

State Home Minister Anil Deshmukh said he ordered re investigation after Adnya Naik, daughter of interior designer Anvay Naik, claimed that Alibag Police in neighbouring Raigad district did not probe the non-payment of dues which had driven her father and grandmother to suicide.

"Adnya Naik had complained to me that #AlibaugPolice had not investigated non-payment of dues from #ArnabGoswami's @republic which drove her entrepreneur father & grandmom to suicide in May 2018," Deshmukh tweeted.

"I've ordered a CID re-investigation of the case," the minister, an NCP leader, added.

He also used the hashtag "Maharashtra government cares" while sharing the tweet. Earlier this month, the police registered an abetment of suicide case against Republic TV editor-in-chief Goswami and two others.

The suicide note purportedly written by Anvay Naik, managing director of Concorde Designs Private Limited, said he was forced to take his life as he was not paid dues of Rs 5.40 crore by the three accused.

Republic TV denied the allegation and said that certain vested interest groups were running "a false and malicious campaign and making false statements and innuendos against the company by exploiting the tragic event".

Mumbai Police are also conducting a probe against Goswami over his statements about the Palghar lynching case of April this year.

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