The NGO Justice for Rights Foundation filed an interlocutory application (IA) in the Supreme Court, raising concerns over the “potential misuse” of laws related to marital rape. The NGO argues that existing and proposed legal frameworks could be exploited and seeks judicial scrutiny. This move comes as the debate around criminalizing marital rape continues to evolve.
New Delhi: An application has been submitted to the Supreme Court by the NGO Justice for Rights Foundation, seeking to intervene in the ongoing plea regarding the criminalization of marital rape.
The NGO raised concerns about the “potential misuse” of laws if marital rape were to be criminalized, referencing past cases where protective legislation has been misused.
The application stated,
“The misuse of existing legal provisions for women, particularly Section 498A of the IPC, has been widely acknowledged by the judiciary. Criminalizing marital rape could introduce another powerful tool to the already misused legal framework, increasing the risk of malicious prosecution. False rape accusations carry a heavy social stigma and could irreparably damage the reputation and lives of innocent husbands,”
The NGO Justice for Rights Foundation filed an application in the Supreme Court, arguing against the criminalization of marital rape, stating that current laws already protect women from abuses within marriage.
According to the NGO, these existing laws offer both civil and criminal remedies for all forms of abuse, including sexual abuse. The application submitted by Advocate Satyam Singh, founder and president of the NGO, represented by Senior Advocate Sonia Mathur and advocates Rajeev Ranjan, Rishikesh Kumar, and Navneet.
The NGO stated,
“Marital rape exemption is based on intelligible differentia between married and non-married relationships. Criminalizing marital rape would disrupt the privacy, intimacy, and reconciliation efforts central to marriages,”
It emphasized that laws such as Section 498A of the Indian Penal Code and the Protection of Women from Domestic Violence Act, 2005, already provide adequate protection for married women.
Read Also: New Criminal Laws Criticized for “Marital Rape” Exemption Clause
The NGO also expressed concern over the potential negative impact of criminalizing marital rape on the sanctity of marriage, warning that it could disrupt mediation and reconciliation efforts. It urged the Supreme Court to implement procedural safeguards if the exception is removed, suggesting guidelines to protect the rights of the accused, such as preserving their identity, ensuring proper arrest procedures, and promoting mediation.
The application noted that its intervention is intended to aid the Supreme Court in carefully evaluating the complex societal implications of the issue.
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