Supreme Court to consider plea to Criminalise Marital Rape
The Supreme Court on Monday agreed to list a batch of petitions seeking to criminalise marital rape before a three-judge bench. The petitions have been filed by various women’s rights organisations, including the Centre for Social Research and the All India Democratic Women’s Association.
The petitions argue that the current law, which does not criminalise marital rape, violates the fundamental rights of women to equality and dignity. They also point out that marital rape is a form of violence against women, and that it can have serious psychological and physical consequences.
The Supreme Court had previously refused to list the petitions before a three-judge bench, saying that it was not the right forum to decide the issue. However, the court has now agreed to reconsider its decision after the intervention of the Delhi High Court.
The Delhi High Court had earlier requested the Supreme Court to list the petitions before a three-judge bench, saying that the issue of marital rape was of “great public importance”. The high court had also said that the Supreme Court should take into account the recent developments in the law on marital rape, including the changes made by the Law Commission of India.
The Law Commission of India had, in its 2017 report on marital rape, recommended that the law be amended to criminalise marital rape. The commission had said that marital rape is a form of violence against women, and that it should be treated as a crime.
The Supreme Court is likely to hear the petitions in the coming weeks. The court will have to decide whether to criminalise marital rape, and if so, how it should be defined and punished.
The decision of the Supreme Court on this issue will be closely watched by women’s rights activists and lawyers across the country. The outcome of the case could have a significant impact on the fight against marital rape in India.
