Floodgate of litigations cannot be ground to deny right to wife to prosecute for marital rape, amicus argues in HC
Jan 18, 2022
New Delhi [India], January 18 : Senior Advocate Rajshekhar Rao, who is amicus curiae in the matter relating to criminalisation of marital rape, on Tuesday said the perception that law may be misused and open floodgate of litigations, cannot be the ground to deny the right of legal remedies to a wife, who believes that she was raped by her husband.
Rao made these submissions before a division bench of justices Rajiv Shakdher and C Hari Shankar.
Echoing the views that seek striking down an exception to Section 375 of the Indian Penal Code, Rao submitted that various legal remedies had already been made available to wife on other issues.
The exception to Section 375 of the Indian Penal Code, says sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
"If the object was to protect the institution of marriage, the wife would not be able to prosecute her husband for anything," Rao submitted adding, "fortunately we have moved far away and various remedies has been granted to a woman".
He also said even if there happens to be a floodgate of litigations if it is struck down, is it enough ground to deny her right.
He also said there is a possibility that Section 376 can be misused by woman to implicate random strangers or there can be the misuse of Section 498A.
Asserting that exception should be removed, Rao apprised the court about an advertisement on Doordarshan, which appealed the people to wear helmet for safety and had tagline "marzi hai aapki, aakhir sir hai aapka." He said that this tagline shall be read as now "marzi hai aapki, akhir var hai aapka".
Rao has concluded his submissions. The matter would continue on Wednesday as Senior Advocate Rebecca John will assist the court as another amicus curiae in the matter.
The court was hearing a batch of petition including by the NGOs RIT Foundation and All India Democratic Women's Association who have challenged an exception to section 375 of ndian Penal Code.
Meanwhile, Additional Solicitor General Chetan Sharma, appearing for Centre, said that the informed consultative process has been fast-tracked and the Centre will come with that before the court.
