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    Rvi Mahay
    The Union of India argues that: 1) Marital rape is not defined in law and defining it would require broad societal consensus on what constitutes marital rape versus non-rape. 2) Criminalizing marital rape could destabilize the institution of marriage and be misused to harass husbands. 3) Merely removing the exception to marital rape in law would not adequately address the issue given social and legal complexities.

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    The Union of India argues that: 1) Marital rape is not defined in law and defining it would require broad societal consensus on what constitutes marital rape versus non-rape. 2) Criminalizing marital rape could destabilize the institution of marriage and be misused to harass husbands. 3) Merely removing the exception to marital rape in law would not adequately address the issue given social and legal complexities.

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    The Union of India argues that: 1) Marital rape is not defined in law and defining it would require broad societal consensus on what constitutes marital rape versus non-rape. 2) Criminalizing marital rape could destabilize the institution of marriage and be misused to harass husbands. 3) Merely removing the exception to marital rape in law would not adequately address the issue given social and legal complexities.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    80 views3 pages

    Watermarkpdf 3glQa6yG PDF

    Uploaded by

    Rvi Mahay
    The Union of India argues that: 1) Marital rape is not defined in law and defining it would require broad societal consensus on what constitutes marital rape versus non-rape. 2) Criminalizing marital rape could destabilize the institution of marriage and be misused to harass husbands. 3) Merely removing the exception to marital rape in law would not adequately address the issue given social and legal complexities.

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    of 3

    WWW.LIVELAW.

    IN

    IN THE HON'BLE DELHI HIGH COURT, AT NEW DELHI


    '
    EXTRA ORDINARY WRITJURISDICTION

    W.P. (C) No.284/2015

    IN THE METTER OF:

    RIT FOUNDATION
    . I N ... PETITIONER

    VERSUS AW
    EL
    THE UNION OF INDIA
    .L I V .. .RESPONDENTS

    W W
    W
    BRIEF SUBMISSIONS ON BEHALF OF RESPONDENT I

    UNION OF INDIA

    1. That marital rape is not defined in any statue/ laws. While

    rape is defined under Section 375 of IPC, 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

    criminalization is taken.

    2. That it has to been ensured adequately that marital rape

    does not become a phenomenon which may destabilize the

    institution of marriage apart from being an easy tool for

    harassing the husbands. The Supreme Court and various

    High Courts have already observed the rising misuse of

    section 498A of IPC.


    WWW.LIVELAW.IN

    3. That merely deleting Exception 2 will in no way serve any

    useful purpose as a man is said to commit 'rape' as

    defined under Section 375 of IPC cannot be the same in

    the case of marital rape. If all sexual acts by a man with

    . I N
    his own wife will qualify to be marital rape, then the

    A W
    E
    judgment as to whether it is L a marital rape or not will
    L I V
    singularly rest with. the wife.
    W W The question is what

    evidencesW 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 ovyn wife.

    4. That as regards Section 376B of IPC and 198B of CrPC it is

    stated that these Sections flow from the except'ion t<}

    Section 375 as presently sexual acts by a man with his

    own wife is not seen as an offence.

    5. That the Law Commission in its 172"d Report titled Review

    of Rape Laws and the Department Related Parliamentary

    Standing Committee on Home Affairs in its 167th Report

    have examined the matter and did not recommend the

    criminalization of marital rape. Even though the Justice J S

    Verma Committee in its Report titled "Amendments to

    Criminal Law" recommended that the exception to marital

    rape be removed, it also pointed out that it is also

    important that the legal prohibition on marital rape is

    accompanied by changes in the attitude of the


    WWW.LIVELAW.IN

    prosecutors, police officers and those in society generally.

    Thus merely deleting the exception 2 of Section 375 may

    not stop marital rape. Moral and social awareness plays a

    vital role in stopping such an act.

    6.
    . I N
    That the fact that other countries, mostly western , have
    A W
    E L not necessarily mean India
    criminalized marital rape does
    L I V
    . blindly . This country has its own
    W
    should also follow them
    W
    W due to various factors like literacy, lack of
    unique problems

    financial empowerment of the majority of females, mindset

    of the society, vast diversity, poverty, etc. and these

    should be considered carefully before criminalizing marital

    rape.

    7. That criminal law is in the Concurrent List and

    implemented by the States. There is a vast diversity in

    the cultures of these states . It is necessary to implead the

    State Governments in the matter to know the opinion of

    these states to avoid any complications at a later stage.

    MONI~y
    CENTRAL GOVERNMENT STANDING COUNSEL,
    446, LAWYERS CHAMBER OLD BLOCK,
    New Delhi DELHI HIGH COURT,
    Dated : NEW DELHI-110003
    9810246300

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