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Adv Tanvi Malik
Adv Tanvi Malik. | 2 months ago | 121 Views

Govt Pleas For Criminalizing Marital Rapes?

Written by:

Adv Tanvi Malik Adv Tanvi Malik

Updated: 06-03-2024

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In a recent petition to the Supreme Court, the central government opposed the criminalization of marital rape, claiming that calling it "rape" is "excessively harsh, disproportionate," and that doing so will "destroy" the institution of marriage.     

The Ministry of Home Affairs filed a 49-page affidavit during the ongoing Supreme Court hearing on appeals against the criminal code's marital rape exception, also known as Bharatiya Nyaya Sanhita under legislation pertaining to sexual assault against women. Under the Domestic Violence Act of 2005, non-consensual activities against a wife are currently punishable by law.

Marital Rape: What is It?

  • The phrase marital rape (sometimes referred to as spousal rape) refers to forced intercourse by a man on his wife gained by force, threat of force or physical violence or when the woman is not able to give her consent. 
  • Unwanted intercourse is any form of penetration (oral, vaginal, or anal) that is done against the subject's will or without permission.
  • This is predicated on the idea that a married woman has no legal right to forgo having sex with her spouse. This grants husbands permission to rape their wives and gives them the right to have sexual access over them, which is a clear violation of human rights norms.

Legal Status of Marital Rape in India 

The complicated legal subject of whether a husband who forces his non-minor wife to have sex may be spared from punishment for the crime of rape is brought before the Supreme Court on a regular basis.

  • The Indian Penal Code (IPC), which has been abolished and replaced by the Bharatiya Nyaya Sanhita (BNS), contains an exemption clause that states that sexual actions or relations between a man and his wife, if the wife is not a minor, are not constituted rape.
  • Even with the new law, a man's sexual relations or activities with his own wife, provided that she is not younger than eighteen, are not considered rape under Exception 2 to Section 63 (rape).

What is the Govt Pleas for Criminalizing Marital Rapes?

  • According to the Center, abuse of the modified laws cannot be completely ruled out given how quickly society and families are evolving and how difficult it would be for someone to demonstrate whether or not permission was obtained.
  • It stated that after taking into consideration perspective of each state, a comprehensive approach and engagement with all states are required to determine whether the provision is constitutional.
  • It stated that the topic at hand is more of a social than a legal one, and a decision cannot be made without carefully consulting all relevant parties and the views of all states.

Observation in the Part of Government

  • The Center stated that given the structure of the marriage institution in our socio-legal environment, it would not be appropriate for this court to invalidate the exception if the legislature believes that the challenged exemption should continue to exist in order to safeguard the institution of marriage.
  • Consequently, given the understandable differences between a married couple and other types of relationships, it is respectfully submitted that the legislature's decision to exempt husbands from the severity of such a charge and label should be respected and should not be overturned, particularly in cases where the legislature has also provided a separate, appropriately tailored penal remedy.

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Adv Arjun Sharma • 07/09/2024

How To Apply For A Marriage Certificate ? +91-8877001993

How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

How Is Murder Punishable? 8877001993

How Is Murder Punishable? 8877001993

Adv Arjun Sharma • 14/09/2024

Cheque Bounce Lawyers In Delhi 91-8877001993

Cheque Bounce Lawyers In Delhi 91-8877001993

Adv Rahul Pandey • 18/09/2024

Dowry Death And Its Punishment 91-8877001993

Dowry Death And Its Punishment 91-8877001993

Adv Samman Singh • 19/09/2024

How To Escape From Cheque Bounce Cases ?91-8877001993

How To Escape From Cheque Bounce Cases ?91-8877001993

Adv Anshul Jain • 20/09/2024

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

Role Of The Best Family Lawyers In Delhi +91-8877001993

Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

What To Do If A Police Officer Is Harassing You? 91-8877001993

What To Do If A Police Officer Is Harassing You? 91-8877001993

Adv Arjun Sharma • 21/12/2024

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