The Delhi High Court comprising the bench of Chief Justice G. Rohini and Justice Jayant Nath refused to admit a PIL by RIT foundation regarding criminalization of marital rape on the grounds that this matter is already pending for disposal before the Supreme Court.
Marital Rape is a Rape which happens in the wedlock, i.e. a sexual intercourse without the consent of the wife. There is much hue and cry in the social media and the public, that marital rape should be criminalized, but it had not been done even in the last amendment to the penal provisions of rape after the December 16 Gang Rape Case.
The Justice J.S. Verma committee had also recommended criminalization of Marital Rape, but the government did not pay heed to the recommendations and did not incorporate them in the amendments.
Under Section 375 IPC, there are various situations given which amount to rape. In Sub section 6 to section 375, it has been stated that any sexual intercourse with or without consent when the woman is under 16 years of age constitutes rape. Further, exception to section 375(6) says that sexual intercourse by a man with his own wife who is not below 15 years of age does not amount to rape.
Relevant extract of Section 375 IPC is as follows,
“375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—
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(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
(Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.”
The RIT foundation states in the PIL that this aforesaid exception is violative of Article 14 as it discriminates between married women below the age of 15 years and above the age of 15 years and that therefore it denies the right to equality to married women.
The petition further stated that marital rape has been criminalized all over the world in countries like USA, UK, South Africa, Canada, etc.
Marital Rape is expected to bring a big relief to all those cases in which the husband forcibly does sexual intercourse with his wife, and that woman has no other option but to keep silent, because there are no provisions which can get relief to her. If this exception would not have been there, then under the normal provisions of rape, the woman could have got relief, but because of this exception it is impossible for a woman to get relief and to stand up against marital rape.
