Marital Rape
The Delhi High Court is hearing a clutch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age, also known as the “marital rape exception”.
What’s the issue?
The petitions before the Delhi High Court asking for marital rape to be criminalised are an outcome of the government’s refusal to pay heed to the landmark report by the Justice J. S. Verma Committee, constituted in the aftermath of the horrific Nirbhaya gang rape in 2012.
- Though the government has said on multiple occasions that such a move will threaten the institution of marriage, experts say recent judgments, including on the right to privacy, have rendered this argument untenable.
Key recommendations made by the Verma Committee:
The Verma panel proposed that “the exception for marital rape be removed” and the law must “specify that a marital or other relationship between the perpetrator or victim is not a valid defence against the crimes of rape or sexual violation”.
What are the arguments by the government against criminalising marital rape?
The government in its affidavit submitted that it had to be ensured marital rape did not become a phenomenon that destabilises the institution of marriage and “an easy tool for harassing the husbands”.
- It added, “What may appear to be marital rape to an individual wife, it may not appear so to others.”
Recent judgments that question the government’s stand on this:
- Independent Thought vs. Union of India verdict of October 2017, in which the Supreme Court criminalised rape with a minor wife.
- The Justice K.S. Puttaswamy vs. Union of India (September 2018) case, where the apex court unanimously recognised the fundamental right to privacy of every individual guaranteed by the Constitution.
- The Joseph Shine vs. Union of India case of October 2018, where a five-judge Bench of the SC struck down adultery as a crime.
Legal provisions in this regard:
- Currently marital rape is not a ground for a divorce in Hindu Marriage Act, 1955, Muslim Personal Law [Shariat] Application Act, 1937 and Special Marriage Act, 1954, it cannot be used as a ground for divorce and cruelty against husband.
- Section 375 of the IPC 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.
Victims only have recourse to civil remedies provided under the Protection of Women from Domestic Violence Act, 2005.
SUCCESS MANTRA DIGITAL INSTAGRAM PAGE
