From Our Bureau
NEW DELHI: The Supreme Court bench comprising Chief Justice Uday Umesh Lalit and Justice Ravindra Bhat, on Monday, dismissed a Public Interest Litigation by one Prabhakar Deshpande, praying for the declaration of marital rape as a criminal offence, noting that the issue was already under consideration the next week in a separately instituted proceedings challenging the Delhi High Court verdict.
It said the PIL was unnecessary since the petitions arising from the split verdict of the High Court is already lised on September 12.
The CJI asked: “Why should we multiply? You’re filing a PIL. You are going by the fact that it is a matter that the court must take note of. If the court is aware of the matter, your idea vanishes…. Every person need not be heard.”
The petition traced the history of marital rape and stated that while until 1970s most nations granted husband right to have sex with his wife whenever he so desires. The anti-rape movement resulted in more thn 150 nations to criminalise the marital rape. However India was one of the 36 nations out of 200 of the worled where the marital rape is still legal.
The petition talked about different stand of the High Courts in various stands on the issue. The Kerala High Court on August 6, 2021, ruled that marital rape can be ground of divorce. However, the Chhattisgarh High Court ruled that forced sex with wife is not rape, with the woman can seek separation under the Domestic Violence Act, 2005 on demeaning and embarrassing conduct affecting her dignity.
The petition had noted that Justice J S Verma committee had recommended for criminalisation of the marital rape and the issue may be examined in today’s perspective for appropriate safeguards and punishment.
Accordingly, the petitioner had prayed for the court to issue a Writ/Direction or Order upon the Government for taking effective steps to stop marital rape by declaring it as a criminal offence.
