<p>The Supreme Court on Monday asked petitioner and lawyer, Anuja Kapur, to approach the Delhi High Court for redressal of her plea seeking a direction to the Union of India for framing the necessary guidelines along with appropriate laws to consider marital rape as a ground of divorce.</p>

<p>A two-judge bench of the Apex Court, headed by Justice SA Bobde, and also comprising Justice B R Gavai, asked Kapur to approach the Delhi High court for seeking relief in the case.</p>

<p>The petition was filed before the Supreme Court by Kapur, seeking a direction to the Central government to ensure that there should be a clear guideline for registration of the cases related to marital rape.</p>

<p>The petition sought a direction to frame necessary guidelines along with appropriate laws and by-laws related to considering marital rape as a ground of divorce.</p>

<p>The petition also sought that there should be a proper guideline for registration of the cases related to marital rape, so that accountability, responsibility, and liability of the concerned authorities could be assigned while awarding penalties to the accused.</p>

<p>To maintain the dignity of women in marriage, the petition of Anuja, pleaded to the Supreme Court that it should pass suitable directions to the respondent (UOI) keeping in mind the welfare, well-being and interest of the public.</p>

<p>Anuja's 47-page petition, a copy of which is available with the ANI, further claimed that there is no law for stopping the marital rape.</p>

<p>The petition said that the top court should hear the petition on an urgent basis and pass a direction which is the need of the hour in order to put a stop to such cases.</p>

<p>The petition further claimed that marital rape is not a crime and that there is no FIR (First Information Report) registered by a wife against her husband in any police station, rather, cases are being compromised by the police authorities to maintain the sanctity of the marriage between the victims and their husbands.</p>

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The Supreme Court on Monday asked petitioner and lawyer, Anuja Kapur, to approach the Delhi High Court for redressal of her plea seeking a direction to the Union of India for framing the necessary guidelines along with appropriate laws to consider marital rape as a ground of divorce.

The Supreme Court on Monday asked petitioner and lawyer, Anuja Kapur, to approach the Delhi High Court for redressal of her plea seeking a direction to the Union of India for framing the necessary guidelines along with appropriate laws to consider marital rape as a ground of divorce. A two-judge bench of the Apex Court, headed by Justice SA Bobde, and also comprising Justice B R Gavai, asked Kapur to approach the Delhi High court for seeking relief in the case. The petition was filed before the Supreme Court by Kapur, seeking a direction to the Central government to ensure that there should be a clear guideline for registration of the cases related to marital rape. The petition sought a direction to frame necessary guidelines along with appropriate laws and by-laws related to considering marital rape as a ground of divorce. The petition also sought that there should be a proper guideline for registration of the cases related to marital rape, so that accountability, responsibility, and liability of the concerned authorities could be assigned while awarding penalties to the accused. To maintain the dignity of women in marriage, the petition of Anuja, pleaded to the Supreme Court that it should pass suitable directions to the respondent (UOI) keeping in mind the welfare, well-being and interest of the public. Anuja's 47-page petition, a copy of which is available with the ANI, further claimed that there is no law for stopping the marital rape. The petition said that the top court should hear the petition on an urgent basis and pass a direction which is the need of the hour in order to put a stop to such cases. The petition further claimed that marital rape is not a crime and that there is no FIR (First Information Report) registered by a wife against her husband in any police station, rather, cases are being compromised by the police authorities to maintain the sanctity of the marriage between the victims and their husbands.

Marital rape as ground for divorce: Supreme Court asks petitioner to approach Delhi High Court

<p>The central government in its affidavit to the Delhi High Court on Monday stated that what&nbsp;&ldquo;may appear to be marital rape&rdquo; to a wife &ldquo;may not appear so to others&rdquo;. This statement came out on the grounds that this &quot;may destabilise the institution of marriage apart from being an easy tool for harassing the husbands&rdquo;.</p>

<p>The statement goes on to say that&nbsp;&ldquo;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.&quot;</p>

<p>The affidavit also supports its concerns by highlighting the&nbsp;&ldquo;rising misuse of Section 498A of IPC&rdquo; that is commonly referred to as the dowry law. It puts emphasis on how this existing law is being used by women &quot;for harassing their husbands&quot; for their own benefit.&nbsp;</p>

<p>The affidavit comes in the light of several petitions that want&nbsp;marital rape to be legally recognised and made a punitive offence.</p>

<p>The issue has now taken an even ugly form with social media getting involved. Earlier on Monday after the affidavit came out, Swaraj Kaushal, Senior Advocate of Supreme Court of India, Governor of Mizoram and better known as Sushma Swaraj&#39;s husband tweeted saying: &quot;There will be more husbands in the jail, than in the house&quot; implying that this will be the case if marital rape is criminalised.&nbsp;</p>

<p>(His tweets are not open for public and those allowed to follow him can see his posts)</p>

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<p dir="ltr" lang="en">&quot;There is nothing like marital rape&quot;: This man is a senior SC advocate, former governor of Mizoram and our EAM <a href="https://twitter.com/SushmaSwaraj">@SushmaSwaraj</a>&#39;s husband. <a href="https://t.co/ZbnwL90Iwx">pic.twitter.com/ZbnwL90Iwx</a></p>
&mdash; Karnika Kohli (@KarnikaKohli) <a href="https://twitter.com/KarnikaKohli/status/902431494395666433">August 29, 2017</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script></div>
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<p>Twitter has ever since, not forgiven him.&nbsp;</p>

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<p dir="ltr" lang="en">Govt. said, in HC, that marital-rape is &quot;exception&quot; to law. Meaning, wives have no choice/say in sex! Husband using force is ok, too? Sick!</p>
&mdash; VISHAL DADLANI (@VishalDadlani) <a href="https://twitter.com/VishalDadlani/status/902435570483388416">August 29, 2017</a></blockquote>
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<p dir="ltr" lang="en">Now that we have finally declared triple talaq unconstitutional, will we please declare marital rape &amp; homophobia to be unconstitutional?</p>
&mdash; Devdutt Pattanaik (@devduttmyth) <a href="https://twitter.com/devduttmyth/status/900001270630502400">August 22, 2017</a></blockquote>
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<p dir="ltr" lang="en">Here is the sad truth about the marital rape debate. It will only become a crime when wives start raping husbands.</p>
&mdash; Bollywood Gandu (@BollywoodGandu) <a href="https://twitter.com/BollywoodGandu/status/902485875451408384">August 29, 2017</a></blockquote>
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<p>Section 375 of the IPC dealing with rape makes an exception for such instances within marriages and holds that &ldquo;sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape&rdquo;. No other statute or law recognises marital rape, and victims only have recourse to civil remedies provided under the Protection of Women from Domestic Violence Act, 2005.</p>

<p>In its affidavit, the Centre also stated that&nbsp;&ldquo;the question is what evidence 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&quot;.&nbsp;</p>

<p>The Centre now talks about &ldquo;moral and social awareness&rdquo; to fight this.&nbsp;</p>

<p>(WION)</p>


According to Section 375 of IPC, ?sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape?

The central government in its affidavit to the Delhi High Court on Monday stated that what “may appear to be marital rape” to a wife “may not appear so to others”. This statement came out on the grounds that this "may destabilise the institution of marriage apart from being an easy tool for harassing the husbands”. The statement goes on to say that “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." The affidavit also supports its concerns by highlighting the “rising misuse of Section 498A of IPC” that is commonly referred to as the dowry law. It puts emphasis on how this existing law is being used by women "for harassing their husbands" for their own benefit. The affidavit comes in the light of several petitions that want marital rape to be legally recognised and made a punitive offence. The issue has now taken an even ugly form with social media getting involved. Earlier on Monday after the affidavit came out, Swaraj Kaushal, Senior Advocate of Supreme Court of India, Governor of Mizoram and better known as Sushma Swaraj's husband tweeted saying: "There will be more husbands in the jail, than in the house" implying that this will be the case if marital rape is criminalised. (His tweets are not open for public and those allowed to follow him can see his posts) "There is nothing like marital rape": This man is a senior SC advocate, former governor of Mizoram and our EAM @SushmaSwaraj's husband. pic.twitter.com/ZbnwL90Iwx — Karnika Kohli (@KarnikaKohli) August 29, 2017 × Twitter has ever since, not forgiven him. Govt. said, in HC, that marital-rape is "exception" to law. Meaning, wives have no choice/say in sex! Husband using force is ok, too? Sick! — VISHAL DADLANI (@VishalDadlani) August 29, 2017 × Now that we have finally declared triple talaq unconstitutional, will we please declare marital rape & homophobia to be unconstitutional? — Devdutt Pattanaik (@devduttmyth) August 22, 2017 × Here is the sad truth about the marital rape debate. It will only become a crime when wives start raping husbands. — Bollywood Gandu (@BollywoodGandu) August 29, 2017 × Section 375 of the IPC dealing with rape makes an exception for such instances within marriages and holds that “sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape”. No other statute or law recognises marital rape, and victims only have recourse to civil remedies provided under the Protection of Women from Domestic Violence Act, 2005. In its affidavit, the Centre also stated that “the question is what evidence 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 Centre now talks about “moral and social awareness” to fight this. (WION)

Centre tells court to not criminalise marital rape as 'may destabilise the institution of marriage'

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Marital rape as ground for divorce: Supreme Court asks petitioner to approach Delhi High Court

Centre tells court to not criminalise marital rape as 'may destabilise the institution of marriage'