Today, On 3rd October, the Centre argued against decriminalizing marital rape, asserting that existing laws protect married women’s consent. The Union Home Ministry emphasized that marital violations differ from other cases and suggested that criminalization is a societal issue requiring broader consultation. Current laws already address consent violations within marriage, the Centre stated.
The article critiques society’s desensitization to rape and the reactionary nature of legislative changes that follow high-profile cases of sexual violence. It highlights West Bengal’s “Aparajita Woman and Child Bill 2024,” which introduces the death penalty for rapists, as an example of this approach. The author argues that new laws aren’t the solution, pointing to the ineffectiveness of existing legislation due to poor enforcement and deeper societal issues like patriarchy and the objectification of women. The article calls for a shift from creating more laws to ensuring the proper implementation of existing ones, while addressing underlying misogyny to bring about real change.
![[Criminalization Of Marital Rape] "We (Centre) Will Be Filing A Reply Soon, Don't Hear It This Week": SG Mehta Tells CJI](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/06/image-5-5.png?resize=447%2C367&ssl=1)
Khushboo Saifi’s appeal to the Supreme Court focuses on the constitutional validity of the marital rape exception under Section 375 of the IPC. The Supreme Court will hear the case after the Centre submits its response. The Delhi High Court issued conflicting opinions on the exception, emphasizing the need for legal clarity on women’s rights in marriage.
The Supreme Court today is set to consider urgent pleas regarding whether a husband can be prosecuted for rape if he coerces his adult wife into sex. Senior advocate Indira Jaising emphasized the need for swift action. Legal debates over marital rape exceptions in Indian law have been ongoing, with implications for women’s rights.
Today(on 16th July), Senior Advocate Indira Jaising asked the Supreme Court to prioritize the pending marital rape issue, which faced delays during a tax case discussion led by Chief Justice Chandrachud. The case challenges the exemption of married women from filing rape charges against their husbands. Justices have differing views on the constitutional validity of this exemption.
The exemption of marital rape under Indian law has sparked scrutiny, as sexual intercourse with a wife over 18 is not classified as rape. This has raised concerns about equality, discrimination, bodily autonomy, and dignity. Despite a split verdict in the Delhi High Court, critics argue that the exemption undermines women’s fundamental rights, prompting calls for reform.
Human rights organizations in India, led by the All India Democratic Women’s Association, are urging the supreme court to criminalize marital rape. Despite upcoming changes to the penal code, marital rape is not included as a crime. Critics argue that this perpetuates outdated views on marriage and undermines women’s rights. Prime Minister Modi’s emphasis on women’s empowerment is contradicted by this stance.
The Supreme Court Today (May 17th) sought the Centre’s stand on a petition challenging the marital rape exception under the new criminal laws. A bench headed by CJI D Y Chandrachud issued notice on the petition by the All India Democratic Women’s Association (AIDWA) and said it would be listed for hearing in July along with other petitions seeking to criminalise marital rape.
The Madhya Pradesh High Court ruled that engaging in unnatural sex with one’s spouse does not constitute rape under Indian law, as marital rape is not recognized. The decision has sparked debates on marital rape and the importance of consent in matrimonial relationships, highlighting the need for legal reforms to address gaps in existing laws and ensure comprehensive protection against sexual violence within marriage.