Consent among most underrated concepts in our society, says Rahul Gandhi amid marital rape debate
Categories: Politics news
The Delhi High Court has been hearing a batch of petitions on criminalisation of marital rape. In this context, Congress leader Rahul Gandhi on Sunday tweeted that consent is "among the most underrated concepts in our society" and it must be "foregrounded to ensure safety" of women.
Responding to Rahul Gandhi's tweet, Congress leader Gaurav Gogoi wrote on the microblogging website, "A woman’s consent cannot be taken for granted. The definition of domestic violence must be broadened in my view."
While there is a growing demand for criminalisation of forceful sexual intercourse perpetrated by a man on his wife, the Centre on Thursday submitted an affidavit to the Delhi High Court stating that a consultative process regarding proposed amendments to criminal law is underway.
In an earlier affidavit filed in the case, the Centre had said that marital rape cannot be made a criminal offence as it may "destabilise the institution of marriage and become an easy tool for harassing husbands".
WHAT DO THE PETITIONS SAY?
The Delhi High Court is hearing multiple petitions challenging the exception to Section 375 of the Indian Penal Code which exempts forceful sexual intercourse by a man with his wife from the offence of rape, provided the wife is above 15 years of age.The petitioners include the RIT Foundation, All India Democratic Women’s Association (AIDWA) and a survivor of marital rape.
WHAT HAS HAPPENED IN COURT SO FAR?
During the hearing, Justice Shakdher of the Delhi High Court orally observed that the exclusion of “certain circumstances” from the ambit of rape “because of inter-party relationship” is problematic and that the marital rape exception could be examined in the light of protection granted to sex workers in rape law.
Earlier, senior advocate Raj Shekhar Rao, who was appointed as an amicus curiae to assist the court, argued that husband and wife are “two equals before law” and there is no reason “why husband's desire to have sex trump the wife's desire not to”.The amicus also said that striking down the exception would not result in the creation of a new offence and the concerns of interference in private marital space were unfounded.Meanwhile, pleas have also been filed by some men's right organisations which are opposing the petitions.