<p paraeid="{2a6ec61b-7455-41f5-a423-3de3d5a5ff83}{233}" paraid="253674427" >The Indian Supreme Court on Tuesday asked the central government to respond by February 15 to a batch of petitions seeking to criminalise marital rape, which is not recognised under the existing law.&nbsp;</p>

<p paraeid="{d67e7590-83c4-4d4f-b7c7-06468d29b3bb}{231}" paraid="1387333186" >The pleas filed as a Public Interest Litigation (PIL) seek to challenge the IPC provision and the constitutional validity of marital rape under section 375 IPC (rape) on the grounds that it discriminates against married women who are sexually assaulted by their husbands.&nbsp;</p>

<p paraeid="{d67e7590-83c4-4d4f-b7c7-06468d29b3bb}{208}" paraid="1352695961" >Under Indian Penal Code (IPC) Section 375, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not considered rape.&nbsp;</p>

<p paraeid="{abf4ace2-721c-4e51-b71a-59312e189d17}{197}" paraid="1051311480" >Solicitor General Tushar Mehta, who is representing the government in the court, told the bench headed by Chief Justice D Y Chandrachud that the issue has legal as well as "social implications" and the government would like to file its response to the petitions.&nbsp;</p>

<p paraeid="{5728f947-47f5-40a4-b544-8d509db165b5}{18}" paraid="85938298" >"The Union of India shall file a counter affidavit by February 15, 2023. The batch of petitions will be heard on March 21," ordered the bench.&nbsp;</p>

<p paraeid="{63f68b72-fe2d-450c-9f63-a02c95614f2a}{18}" paraid="1519350685" >A couple of Indian high courts recently gave out a verdict regarding the issue. While the Delhi High Court on May 11, 2022 delivered a split verdict, Karnataka High Court on March 23 gave its approval for the prosecution of the man for allegedly raping his wife.&nbsp;</p>

<p paraeid="{c3216116-708a-4c10-867c-c52cfe79d35d}{129}" paraid="1578622473" >The solicitor general suggested that the cases against the spilt verdict of the Delhi High Court can be allowed to be heard by a third judge of the high court and then the Supreme court can have a "final view".&nbsp;</p>

<p paraeid="{c3216116-708a-4c10-867c-c52cfe79d35d}{189}" paraid="1604272320" >"Second option is that the Supreme Court hears the cases. With the first option, this court will have the benefit of the view of Delhi High Court," the law officer said. The bench did not seem to concur, reports PTI news agency.&nbsp;</p>

<p paraeid="{2a6ec61b-7455-41f5-a423-3de3d5a5ff83}{110}" paraid="1189947824" ><em>(With inputs from agencies)&nbsp;</em></p>

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The Indian Supreme Court on Tuesday asked the central government to respond by February 15 to a batch of petitions seeking to criminalise marital rape, which is not recognised under the existing law.

The Indian Supreme Court on Tuesday asked the central government to respond by February 15 to a batch of petitions seeking to criminalise marital rape, which is not recognised under the existing law. The pleas filed as a Public Interest Litigation (PIL) seek to challenge the IPC provision and the constitutional validity of marital rape under section 375 IPC (rape) on the grounds that it discriminates against married women who are sexually assaulted by their husbands. Under Indian Penal Code (IPC) Section 375, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not considered rape. Solicitor General Tushar Mehta, who is representing the government in the court, told the bench headed by Chief Justice D Y Chandrachud that the issue has legal as well as "social implications" and the government would like to file its response to the petitions. "The Union of India shall file a counter affidavit by February 15, 2023. The batch of petitions will be heard on March 21," ordered the bench. A couple of Indian high courts recently gave out a verdict regarding the issue. While the Delhi High Court on May 11, 2022 delivered a split verdict, Karnataka High Court on March 23 gave its approval for the prosecution of the man for allegedly raping his wife. The solicitor general suggested that the cases against the spilt verdict of the Delhi High Court can be allowed to be heard by a third judge of the high court and then the Supreme court can have a "final view". "Second option is that the Supreme Court hears the cases. With the first option, this court will have the benefit of the view of Delhi High Court," the law officer said. The bench did not seem to concur, reports PTI news agency. (With inputs from agencies) WATCH WION LIVE HERE:

India’s Supreme Court seeks Centre’s view on criminalising marital rape  

<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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India’s Supreme Court seeks Centre’s view on criminalising marital rape

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