Criminalising marital rape: SC to hear pleas next week
The CJI Chandrachud said as the bench would be busy this week in dealing with a batch of matters on taxation law so next week the marital rape matter would be taken up for hearing.
The CJI Chandrachud said as the bench would be busy this week in dealing with a batch of matters on taxation law so next week the marital rape matter would be taken up for hearing.
Another plea has been filed by a man against the Karnataka High Court verdict which paved way for his prosecution for allegedly raping his wife.
Senior advocate Indira Jaising mentioned the matter before a bench headed by Chief Justice D.Y. Chandrachud.
The Solicitor General Tushar Mehta told the bench that besides the legality there are social ramifications of the issue. The Centre has invited the views of the states on the issue.
The Supreme Court on Friday issued notice to the Centre and others on a plea against the Delhi High Court's split verdict on an issue relating to criminalising marital rape matter.
The matter came up as CPI Member of Parliament Binoy Viswam had asked a question about the sexual violence within marriages during the Question Hour.
"Our Constitution is in our hands, women have gained universal suffrage, right to work, right to worship and right against divorce by the utterance of three words," she said.
As per the International Men and Gender Equality Survey 2011, 1 in 5 men has forced his wife or partner to have sex.
In a complaint to the Bhagalpur police, the woman alleged that her husband, Suman Kumar, who is a wing commander with the Indian Air Force and is posted at air force station Purnia, has taken away her elder son.
The bench pointed out that while marital rape is not a criminal offence under Indian law, it amounts to cruelty and can, therefore, entitle a wife to divorce.
