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
May 27,2020

Bengaluru, May 27: Aimed at giving a boost to affordable housing, the Karnataka government on Tuesday decided to slash the stamp duty on new apartments costing up to ₹35 lakh.

The decision was taken during a meeting chaired by Chief Minister B S Yediyurappa to review the progress of the Stamps & Registration department.

The Chief Minister directed that the stamp duty be cut from the existing five per cent to two per cent on apartments costing less than ₹20 lakh, getting registered for the first time, his office said in a statement.

Further, the stamp duty on apartments costing between ₹21 lakh - ₹35 lakh will be down from five per cent to three per cent, it said. It is estimated that in 2020-21 due to COVID-19 induced lockdown, Stamps and Registration department might fall short of its revenue target by ₹3,524 crore. The revenue target for 2020-21 is ₹12,655 crore.

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coastaldigest.com news network
May 15,2020

Mangaluru, May 15: Dakshina Kannada saw a record spike in the number of fresh COVID-19 cases today, which triggered panic among the people of the district, which is currently under orange zone.   

According to the mid-day bulletin of the Department of Health and Family Welfare, as many as 16 people from Dakshina Kannada tested positive for the covid-19. 

Among them 15 are the Gulf returnees who were brought by an Air India Express special flight from Dubai to Mangaluru International Airport on May 12. 

As many as 179 repatriates had landed at Mangaluru Airport. Among them 125 are quarantined in Dakshina Kannada, 49 in Udupi and five in Uttara Kannada districts.  

Meanwhile, a 68-year-old woman from Surathkal area in Mangaluru, who is suffering from Severe Acute Respiratory Infection (SARI) was also tested covid-19 positive.

This is the highest number of cases reported in a single day since first case registered in the district on March 22 when Dubai-bound youth from Bhatkal was tested positive. 

With this the total number of covid-19 cases in the district mounted to 50 including five deaths. Many of them have returned home after recovery.

3 members of a family test positive

According to Deputy Commissioner Sindhu B Rupesh, three members of a same family are among 15 gulf returnees who are tested positive.  They are a 45-year-old man, his 33-year-old wife and their 6-year-old child. 

Six among those who tested positive today are above 60 years of age, said the deputy commissioner. 
 

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Agencies
February 6,2020

Wuhan, Feb 6: Chinese multinational conglomerate holding company Tencent has allegedly published "real" data on the novel coronavirus deaths, with briefly listing death toll as 24,589 -- way too higher than over 500 deaths China has officially announced to date.

According to Taiwan News, "Tencent... seems to have inadvertently released what is potentially the actual number of infections and deaths, which were astronomically higher than official figures".

Tencent, on its webpage titled "Epidemic Situation Tracker," showed confirmed cases of novel coronavirus (2019-nCoV) in China as standing at 154,023 - over 10 times the official figure given to the world on February 1.

Data leaked: Tencent lists 25,000 deaths in China, 1.54 lakh infections from coronavirus
It listed the number of suspected cases as 79,808, four times the official figure.

"The number of cured cases was only 269, well below the official number that day of 300. Most ominously, the death toll listed was 24,589, vastly higher than the 300 officially listed that day".

Once people noticed this, Tencent immediately updated the numbers to reflect the government's "official" numbers.

"Netizens noticed that Tencent has on at least three occasions posted extremely high numbers, only to quickly lower them to government-approved statistics," said the report.

Some people speculated a coding problem may be behind the real "internal" data but others believe that someone is actually trying to reveal the real numbers.

Tencent was yet to officially comment on these reports.

"According to multiple sources in Wuhan, many coronavirus patients are unable to receive treatment and die outside of hospitals."

There have been multiple reports of Wuhan officials cremating deceased coronavirus victims before they could be added to the official death toll.

The Wall Street Journal reported that the coronavirus numbers coming out of China are "fishy".

If the numbers from the alleged Tencent leak are accurate, it would put coronavirus' mortality rate at almost 16 per cent. By comparison, SARS' mortality rate was 9.6 per cent, reports CCN.

Caijing, an independent magazine based in Beijing that covers societal, political, and economic issues, has also claimed that the Communist Party of China (CCP) is underreporting the extent of the coronavirus outbreak.

Caijing's article on Coronavirus that detailed how Wuhan officials are not reporting real figures was censored in China.

As of Thursday, the official death toll in China rose to 563, with 28,018 confirmed cases.

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