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'Sex In Marriage Not Rape, Abuse At Worse', Says Intervener Opposing Marital Rape Criminalisation
Writer: Devyani Madaik
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Delhi, 27 Jan 2022 12:09 PM GMT
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Creatives : Devyani Madaik
A media enthusiast, Devyani believes in learning on the job and there is nothing off limits when it comes to work. Writing is her passion and she is always ready for a debate as well.
The intervener's counsel said that Parliament covered an act of sexual abuse under the term 'cruelty' under Section 3 of the Domestic Violence Act. The act was taken out of the purview of rape as defined under section 375 to protect men from the severity of section 376.
Sexual intercourse between a husband and a wife cannot be labelled as rape; at worst, such an act of wrongdoing can be called sexual abuse. A wife cannot compel the Parliament for a particular punishment to satisfy her ego, an intervener told Delhi High Court on Tuesday, January 25.
The bench of Justices Rajiv Shakdher and C Hari Shankar was listening to one of the interveners opposing the petitions seeking criminalisation of marital rape, NGO Hridey.
PILs For Criminalising Marital Rape
Multiple PILs have been filed by NGOs, All India Democratic Women's Association, individuals, challenging Exception 2 to Section 375 of IPC (exempting sexual intercourse by a man with his wife from the offence of rape). The petitioners said that the Exception discriminated against married women subjected to sexual assault by their husbands.
'Nothing More Than Act Of Cruelty'
According to LiveLaw, Hridey's counsel, advocate R K Kapoor made rejoinder submissions opposing the criminalisation. The advocate submitted that forcible intercourse in a marital relationship could be called abuse, at worse.
Kapoor said that Exception 2 is retained to protect the institution of marriage essential for the couple and the family, including children and parents.
The advocate said that Parliament covered an act of sexual abuse under the term 'cruelty' under Section 3 of the Domestic Violence Act. The act was taken out of the purview of rape as defined under section 375 to protect men from the severity of section 376. "Parliament does not say that such an act is not sexual abuse but has taken it on a different plane to save the institution of marriage," LiveLaw quoted Kapoor as saying.
There are sufficient provisions in the law in favour of the wife and address women's grievances, the advocate further said.
Why No Power To Married Women?
In the earlier hearing, the Court had questioned that if the law did not exempt forced intercourse with a sex worker who chooses to withdraw consent at a belated stage, why a wife should be less empowered.
At the time, Kapoor said the comparison was an 'insult to the institution of marriage', and the other one does not include the emotional aspect of social, religious, economic obligations.
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