A two-judge bench of the Delhi High Court last week observed how the dignity of married and unmarried women can be differentiated and asserted that irrespective of marital status, every woman has the right to say ‘no’ to a non-consensual sexual act.
Section 375 of the IPC defines rape as all forms of sexual assault involving non-consensual sexual act with a woman.
While commenting on this subject Congress leader Rahul Gandhi said consent is an “underrated” concept in Indian society but it should be foregrounded to ensure the safety of women.
“Consent has to be foregrounded to ensure the safety of women”, Gandhi added. His comments come amid a debate that calls for criminalising marital rape.
The bench of Justices Rajiv Shakdher and C. Hari Shankar while hearing a batch of petitions seeking criminalisation of marital rape asked, “if a married woman loses the right to say ‘no’ and if 50 countries that have made marital rape an offence have got it wrong”.
Advocate Jayesh Wani who specialises in Divorce cases said, “A law has to be all-inclusive. Marital rape has a definition in the Indian judiciary but it does not have an IPC code, there has to be a framework definition amending the concept of marital rape. So, a provisionary act should be enacted and worked out on marital rape. Since women are still a weaker section as per the Indian Constitution.”
“Marital rape needs a different space to context because normally rape is violent or under inducement or threatening and on the other hand marital rape is where the husband treats his wife as his property and has coitus with her against her desire, however, marital rape is very delicate as it can be used against innocent husbands too,” said Advocate Yusuf Iqbal Yusuf.
Advocate Venkatkrishna Kunduru said, “Pre-marital coitus is an important concern is what Rahul Gandhi wants to interpret. By changing the marriage criteria from 18 to 21 for a girl’s age will induce rapes in a live-in relationship. Rape means an assault on the dignity and honour of a lady. The law is more than enough so is the judicial system of India.”
The remarks come amid the hearing in the high court of petitions filed by NGOs RIT Foundation and All India Democratic Women’s Association, a man and a woman seeking striking down of the exception granted to husbands under the Indian rape law.
The remarks come amid the hearing in the high court of petitions filed by NGOs RIT Foundation and All India Democratic Women’s Association, a man and a woman seeking striking down of the exception granted to husbands under the Indian rape law.
Petitions have also been filed by some men’s rights organisations that are opposing the pleas seeking to quash the exception, saying there was no question of discrimination and Parliament has retained the provision considering the overall view of Indian society.
