The Supreme Court today has sought a response from the Government of India on appeals to Criminalise Marital Rape. While this is a term loosely used by petitioners, Voice For Men India terms this as Criminalisation of Marital Sex on Sole Word of the Wife.
A Bench led by Justice Ajay Rastogi has listed all similar petitions that were pending in the Supreme Court for February 2023.
Split Verdict In Delhi High Court
The appeals have been made in the top court after a split verdict from the Delhi High Court that came in May 2022.
It must be noted that Justice C Hari Shankar, in the 200-page Delhi High Court verdict, refused to hold as unconstitutional the exception in law which grants protection to husbands from being prosecuted for non-consensual sexual intercourse with their wives.
He said the court cannot label, as particular offences, the acts that the legislature has consciously not chosen to so label. Justice Hari Shankar then said,
Where, in so choosing, the legislature has not acted in derogation of the Constitution, we have to step back. Any further foray, by us, into this disputed realm, would partake of the character of judicial legislation, which is completely proscribed by law.
@MenWelfare, brother NGOs and millions of volunteers express gratitude of Hon’ble Supreme Court for allowing Special Leave Petition of @MenWelfare against #MaritalRape. It has been a scintillating journey from intervener in Hon’ble Delhi High court to now party in Hon’ble SC.
— Men Welfare Trust (@MenWelfare) September 16, 2022
On the other hand, Justice Rajiv Shakdher of Delhi High Court, who ruled in favour of striking down the marital rape exception (exception 2 to Section 375 of the Indian Penal Code), acknowledged the need of having gender neutral rape laws while adding that the steps are required to be taken by the Legislature or Executive in this regard.
*VFMI: The petitioners have been citing International Laws on Marital Rape, however, are opposed to a Gender Neutral law- like in other jurisdictions globally.
Was at the Hon'ble Supreme court for #MaritalRape hearing. Despite of strong opposition by petitioners against allowing men's rights NGOs to enter into the matter, MWT and other NGO Hridaya, both were allowed.
Next date in February' 2023.
Thanks to our team of advocates 🙏 pic.twitter.com/ufjWGBF4SQ— Amit Lakhani (@TheAmitLakhani) September 16, 2022
Perhaps you were at the back , we had said everyone must be heard
— Karuna Nundy (@karunanundy) September 16, 2022
Petitoners Oppose Representation From Men Rights NGO
Marital Rape hearing today in the Supreme Court once again saw opposition from petitioners against allowing Men’s Rights NGOs to enter the matter.
While arguing the same, Karuna Nundy dismissed the seriousness of Men’s Rights NGOs as any other ‘Rights Associations’. She also said these NGOs were mere intervenors in the High Court.
Despite strong opposition, honourable Supreme Court subsequently allowed all SLPs (Special Leave Petitions).
Just a week before today’s hearing in the apex court, Nundy had taken to Twitter mocking Men’s Rights Activists labelling them as ‘small groups’ pretending to trend #MaritalRape organically. Nundy also tried to demonstrate support from few of her married male followers, trying to fuel up social media hype just on the onset of today’s SC hearing. Her tweet read:
Incredible that small groups of “Men’s Rights Associations” are pretending their campaign to trend #MaritalRape is organic or representative. We have a huge number of married male supporters, a whole network of men’s groups supporting us & their wives on equality – #MaritalRape
Incredible that small groups of "Men's Rights Associations" are pretending their campaign to trend #MaritalRape is organic or representative. We have a huge number of married male supporters,a whole network of men's groups supporting us & their wives on equality – #MaritalRape
— Karuna Nundy (@karunanundy) September 10, 2022
VFMI TAKE:
- Men’s Rights Activists (MRAs) are NOT in favour of supporting men who allegedly rape their wives
- The argument must be understood in totality, instead of dismissing all Husbands as ‘wife rapists’
- Firstly, the Constitution of India currently provides ample recourse to all married women if they are facing sexual violence
- Women can approach police under Section 498A and Section 377 of the IPC (both criminal offences for sexual cruelty and unnatural sex respectively)
- Alternately, married women also have recourse under Domestic Violence Act, 2005 which covers sexual violence against a wife (civil offence)
- When the petitoners cite International Laws, they mislead common people on how India already has Section 498-A IPC, unlike those jurisdictions
- An additional criminal law for matrimonial cases – which specifically labels husband as a rapist on mere word of wife – will arm disgruntled wives with a legal tool to settle personal revenge with husband and in-laws, or use it as a negotiating instrument to make the man agree for a lumpsum settlement
Supreme Court Allows Men's Rights NGOs As Parties Despite Opposition From Petitioners | #MaritalRape PIL Next Date February 2023
▪️Just a week ago, Karuna Nundy (lawyer for Petitioners) had taken to twitter dismissing Men's Rights NGOs as "Small Groups"https://t.co/bQYh8zrs7d
— Voice For Men India (@voiceformenind) September 16, 2022
- We do not suggest that all women will misuse this law, however, the petitioners want a law that is extreme which will allow no scope for a husband to prove his innocence
- A married man will be arrested on mere charges of rape by his wife, will have to spend huge resources on hiring lawyers for bail, fight the case for years and decades at court and even if he is proven to be innocent, he will be expected to pay alimony and take divorce
- In the interim, when a married man is ‘accused‘ of raping his wife, he will also possibly lose child access, because of a pending criminal charge against him
- There will be many cases where both parties will approach court to quash Marital Rape FIR, if internally the matter reaches a monetary settlement
- Currently, this is a pattern being followed in False Dowry and Unnatural Sex cases, where courts are absolutely fine to quash FIRs after both parties approach a settlement
- We are listing a few examples below, which should be an eye opener for all who do not see ground realities beyond social media hashtags
Bombay High Court Comes Up With Quash By Consent Solution To Clear Backlog Of Criminal Cases
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