Friday, April 19, 2019

Supreme Court Decision on Marital Rape

Marital Rape


Marital rape in India is not defined in the Indian Penal Code and thus not criminalized and is largely not viewed as rape by Indians due to the sacred nature of marriage in Indian culture. Marital rape (or spousal rape) is the act of sexual intercourse with one's spouse without the consent of the other spouse. It is a form of domestic violence and sexual abuse.


International scenario 

• Poland in 1932 was the first to have a law explicitly making it a criminal offence. 
• Australia, under the impact of the second wave of feminism in the seventies, was the first common law country to pass reforms in 1976 that made rape in marriage a criminal offence. 
• Since the 1980s, many common law countries have legislatively abolished the marital rape immunity. These include South Africa, Ireland, Canada, the United States, New Zealand, Malaysia, Ghana, and Israel.

Why in NEWS? 

• The Delhi High Court agreed to hear an organisation supporting the petitions to make marital rape a criminal offence on the ground that sexual violence violated human rights. • 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.

PLEA TO CRIMINALISE MARITAL RAPE 

• Marital rape was an exception in the law that took away the rights of the wives to say “no”. 
• Marriage is a partnership between equals 
• Extreme levels of violence and coercion. 
• Grave human rights violation
• In England, US, Nepal, Australia, married women are entitled to the full range of individual civil liberties and human rights. 
• Married woman has the same right of full control over her body as an unmarried woman.

FLIPSIDE OF THE ISSUE 

• Concern over misuse of criminalisation of marital rape. 
• Instances of sexual abuse or marital rape but it is very rare. 
• Enough provisions under the existing domestic violence act for the victims to seek justice but what is to stop the misuse of criminalisation of marital rape . 
• Law only for the cosmopolitan, independent woman?"
• Women victims may be more in number but less number of male victims does not mean they are non-existent. 
• To criminalise what happens in the couple's private life will destroy all chances of reconciliation. 
• Section 498 A is being blatantly misused

Union government’s submissions 

• What constitutes marital rape and what would constitute marital non rape needs to be defined precisely. 
• Destabilize the institution of marriage. 
• What evidences the Courts will rely upon in such circumstances as there can be no lasting evidence • Deleting the exception 2 of Section 375 may not stop marital rape. Moral and social awareness plays a vital role in stopping such an act. 
• 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. 
• There is a vast diversity in the cultures of these states.Union government’s submissions 
• What constitutes marital rape and what would constitute marital non rape needs to be defined precisely. 
• Destabilize the institution of marriage. 
• What evidences the Courts will rely upon in such circumstances as there can be no lasting evidence • Deleting the exception 2 of Section 375 may not stop marital rape. Moral and social awareness plays a vital role in stopping such an act. 
• 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. 
• There is a vast diversity in the cultures of these states.


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