Criminalising marital rape will destabilise marriage: govt

Agencies
August 29, 2017

New Delhi, Aug 29: Marital rape cannot be made a criminal offence as it could become a phenomenon which may destabilise the institution of marriage and an easy tool for harassing the husbands, government today submitted before the Delhi High Court.

The Centre, in an affidavit filed in response to pleas seeking criminalising marital rape, said the Supreme Court and various High Courts have already observed the growing misuse of section 498A (harassment caused to a married woman by her husband and in-laws) of IPC.

The reply, filed before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, also sought to implead state governments in the matter to know their opinion to avoid any complication at a later stage.

"It has to be ensured adequately that marital rape does not become a phenomenon which may destabilise the institution of marriage apart from being an easy tool for harassing the husbands," the affidavit, filed through central government standing counsel Monika Arora, said.

The government was responding to various petitions seeking declaration of Section 375 (offence of rape) of the IPC as unconstitutional on the ground that it discriminated against married women being sexually assaulted by their husbands.

During the day's hearing, senior advocate advocate Colin Gonsalves, appearing for one of the petitioners, argued that marriage cannot be viewed as giving a husband the right to coerced intercourse on demand.

He said a marriage licence cannot be viewed as licence for a husband to forcibly rape his wife with impunity and a married woman has the same right of full control over her body as an unmarried woman. He also referred to various judgments of foreign countries.
The hearing in the matter would continue tomorrow.

Marital rape (or spousal rape) is an act in which one of the spouses indulges in sexual intercourse without the consent of the other.

The Centre said in the affidavit that marital rape has not been defined in a statute or law, while the offence of rape is defined under section 375 IPC. Hence, defining marital rape would call for a broad based consensus of the society.

"What may appear to be marital rape to an individual wife, it may not appear so to others. 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," it said.

It said merely deleting the exception which provides protection to husbands from prosecution for the offence of rape, may not stop marital rape. "Moral and social awareness" plays a vital role in stopping such an act, it added.

"If all sexual acts by a man with his own wife will qualify to be marital rape, then the judgment as to whether it is a marital rape or not will singularly rest with the wife.

"The question is what evidences 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 affidavit read.

It also referred to the reports of Law Commission and Parliamentary Standing Committee on Home Affairs, saying they have examined the matter and did not recommend criminalisation of marital rape.

Citing the Justice J S Verma Committee Report on "Amendments to Criminal Law", it said it was recommended that the exception to marital rape be removed, but it also pointed out that it is also important that legal prohibition on marital rape is accompanied by changes in the attitude of the prosecutors, police officers and those in society generally.

Regarding the petitioners' submission that other countries, mostly western, have criminalised marital rape, the Centre said it does not necessarily mean India should also follow them blindly.

"This country has its own unique problems due to various factors like literacy, lack of financial empowerment of the majority of females, mindset of the society, vast diversity, poverty, etc. and these should be considered carefully before criminalising marital rape," it said.

The affidavit said that criminal law is in the Concurrent List and implemented by the states and there is a vast diversity in the cultures of these states.

The high court had earlier asked the Centre to spell out its stand on petitions seeking to make marital rape a criminal offence.

It has agreed to examine the issue raised in PILs by NGOs RIT Foundation, All India Democratic Women's Association, represented through advocate Karuna Nandy, and a man and a woman, who have sought striking down of the exception in the Indian penal law that did not consider sexual intercourse with a minor wife, above 15 years of age, as rape.

The court has also agreed to hear a plea by NGO Men Welfare Trust, representing men victimised by alleged misuse of gender laws, opposing the petitions to make marital rape a criminal offence.

Earlier, the Centre had defended its legislation, saying child marriages were taking place in India and the decision to retain a girl's minimum age as 15 years to marry was taken under the amended rape law to protect a couple against criminalisation of their sexual activity.

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News Network
September 16,2024

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The Israeli regime is recruiting African asylum seekers to kill Palestinians in the Israeli genocidal war on the Gaza Strip in exchange for permanent residency status, according to a report.

The report, ran by the Israeli paper Haaretz on Sunday, revealed that the project is conducted in an organized manner, with the guidance of military establishment legal advisers.  

In Gaza, the death toll passes 41,200 with close to 100,000 more injured in almost a year since the Israeli regime forces launched their genocidal war. However, the continued violence is prompting some Jewish Israelis to leave the occupied Palestinian land.

To make up for the loss, Tel Aviv is offering the incentive of permanent residency status to asylum seekers who agree to join the Israeli regime forces ongoing genocide in Gaza.

Haaretz has learned that some people have expressed objections to the practice, arguing that it exploits people who have fled their countries due to war. However, according to those sources, these voices have been silenced.

“This is a very problematic matter,” one source was quoted as saying by Haaretz.

According to the report, there are currently some 30,000 African asylum seekers living in the occupied territories, most of them young men. Around 3,500 are Sudanese citizens with temporary status granted by the court because the regime has not processed and ruled on their applications.

Unnamed sources who spoke with Haaretz also revealed that while there were some inquiries about granting status to asylum seekers who assisted in the genocidal war in Gaza, none were actually given status.

Haaretz also learned that the Interior Ministry explored the possibility of drafting the children of asylum seekers, who were educated in schools in the occupied territories, into the Israeli military.

In the past, the regime allowed the children of foreign workers to serve in the military in exchange for granting status to their immediate family members.

African refugees, who came to the occupied territories seeking asylum, were previously kept in internment camps and deported without their own consent.

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News Network
September 9,2024

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New Delhi: A man who recently travelled from a country experiencing mpox transmission has tested positive for the disease, the Union Health Ministry said on Monday.

"The previously suspected case of mpox has been verified as a travel-related infection. Laboratory testing has confirmed the presence of mpox virus of the West African clade-2 in the patient," it said.

The ministry said that it is an isolated case, similar to the earlier 30 cases reported in India from July 2022 onwards. It is not a part of the current public health emergency reported by WHO which is regarding clade 1 of mpox, it underlined.

"The individual, a young male who recently travelled from a country experiencing ongoing mpox transmission, is currently isolated at a designated tertiary care isolation facility. The patient remains clinically stable and is without any systemic illness or comorbidities," the ministry said.

The case aligns with earlier risk assessments and continues to be managed according to established protocols, it said, adding that public health measures, including contact tracing and monitoring, are actively in place to ensure the situation is contained.

"There is no indication of any widespread risk to the public at this time," the health ministry stated.

The World Health Organisation (WHO) last month declared mpox a Public Health Emergency of International Concern (PHEIC) for the second time in view of its prevalence and spread across many parts of Africa.

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News Network
September 12,2024

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Mysuru: More than 50 people have been arrested in connection with the riots between two groups of different faiths, at Nagamangala town, Mandya district, over the Ganesha idol procession, on Wednesday night.

High drama prevailed in front of the Nagamangala town police station on Thursday morning, with women belonging to both Hindu and Muslim communities staging a protest against the arrest of their family members and demanding their release.

The two groups started arguing over the Ganesha idol procession on the Mysuru-Nagamangala road, near a 'dargah'. This soon turned violent with stone being pelted. Reports said that around 25 shops were also set on fire.

Several vehicles were damaged and torched by the mob. However, police intervened and brought the situation under control, deploying additional police forces.

Holiday has been declared to schools and colleges in Nagamangala town until further notice. Police have imposed section 144 till 12 noon of September 14.

SP Mallikarjuna Baladandi, IGP (Southern Range) Boralingaiah, DC Kumar and other officials visited the spot.

District incharge Minister N Chaluvarayaswamy visited the spot on Thursday morning and took stock of the situation. Speaking to reporters he said, the incident was unfortunate.

"The clash which started around 9 pm on Wednesday, flared up with miscreants setting fire, damaging shops and vehicles in the town. There is no need for anxiety. Additional police forces have been deployed in the town and the situation is under control now," he said.

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