Citizens For Family System Write To PM Modi To Reject Marital Rape Law That Attempts To Dissolve More & More Marriages in India

To,
Shri Narendra Modi
Hon’ble Prime Minister of India
7, Lok Kalyan Marg
New Delhi, 110092

Sub. — Representation requesting strengthening of existing laws for protection of married women but not to criminalize non-consensual sexual relations in marriage as ‘Marital Rape’

Respected Sir,

We, the concerned citizens of India, write to you to draw your kind attention towards the issue of criminalization of non-consensual sexual relation between spouses as ‘Marital Rape’ in India, which has gained momentum in the past few weeks, especially in light of the recent day-to-day hearings ongoing before the Hon’ble Delhi High Court. The people of the nation, hailing from various strata of society across regional and religious lines, are deeply shocked by this foreign-imported concept being superimposed on our Indian society. In our humble opinion, criminalizing the aforesaid conduct, will strike at the root of the family system and thus will have devastating impact on the society at large. Several jurists, thinkers, and intellectuals have expressed their serious concerns at its repercussions on the family unit, which is the very basis of society.

Marriage in India is a socio-religious sacramental union, not only between two individuals but between two families. It is evident since times immemorial, that the purpose of marriage is not confined only to the physical intimacy of partners but goes far beyond and is indispensable for the growth of society by way of procreation of progeny. The marriage as well as the family system in India is sui generis.

The marital bond is of a private nature, and it is essential to maintain the privacy between the husband and wife. Since marital privacy is an extension of right to privacy, therefore, it forms an integral part of Article 21. Hence, it is essential to safeguard the private autonomy and space of husband and wife. Any form of intrusion of state in the private act of the married couple is uncalled-for and not justifiable, as it would tear apart the social fabric of the society.

Moreover, the legislative framework from time to time has given a cushion to ensure that women do not suffer. The Protection of Women from Domestic Violence Act, 2005 already defines sexual abuse as a form of cruelty and has sufficient remedies to protect the female from an abusive relationship, is a testimony of the commitment of the Indian legal system to protect the interests of the women. Additionally, there are ample safeguards available under existing penal laws such as Section 498A of Indian Penal Code,1860 and specific Acts dedicated solely for the protection of women of the country.

While perusing the discourse, it is also pertinent to take lessons from the nations across the globe, specifically the American experience of criminalizing marital rape which began in as early as 1970s and has immensely harmed their family system. It is also evident that more and more marriages are dissolving in the West and attempts to ape the same in India, especially by criminalizing non-consensual marital intercourse, would prove to be a death knell to the already crumbling family system.

Unfortunately, certain individuals and organizations having no knowledge of the civilisational importance of marriage have approached the Hon’ble Delhi High Court praying for criminalization of non-consensual intercourse in a marital relationship as ‘Marital Rape’.

The separation of powers is a part of the basic structure of the Indian Constitution. The exercise of law-making is an exclusive domain of the legislature and not the judiciary. When the process of wide consultation for reforms in criminal laws is already ongoing, such a hasty judicial intervention is unwarranted.

In light of the aforesaid, we humbly urge your esteemed self to understand the plight of the fellow citizens and pangs of the society at large. We respectfully urge you to take appropriate steps to strengthen the laws in existence and after wider consultation, if required, new laws be framed for the welfare of women, and not to criminalize the non-consensual relation between spouses as Marital Rape owing to its devastating impact on children, family, and society.

Yours Sincerely,
Team ‘Citizens for Family System’

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