New Delhi [India], October 17 : An application has been filed in Supreme Court by the NGO Justice for Rights Foundation seeking intervention in a plea over the marital rape issue, and expressed concern about the potential misuse of laws if marital rape is criminalized.
The NGO expressed concerns about the 'potential misuse' of laws if marital rape is criminalized, citing past instances of false allegations under other protective legislation.
"That the misuse of existing legal provisions for women, particularly Section 498A IPC, has been widely recognized by the judiciary. If marital rape is criminalized, it would add another powerful tool to the already misused set of legal provisions, amplifying the potential for malicious prosecution. Accusations of rape carry a severe social stigma, and false allegations could irreparably harm the reputation and lives of innocent husbands," the application said.
Several laws already exist to protect women from atrocities within the marital home. Therefore, the criminalization of marital rape is unnecessary. These laws provide both civil and criminal remedies, ensuring that any form of abuse, including sexual abuse, NGO said.
The NGO Justice for Rights Foundation, through its founder and president Advocate Satyam Singh, sought to Intervene in a case on Marital Rape exception through his Senior Advocate Sonia Mathur, advocate Rajeev Ranjan, Rishikesh Kumar and Navneet.
"That marital rape exemption is based on intelligible differentia between married and non-married relationships. Criminalizing marital rape would disrupt the privacy, intimacy, and reconciliation efforts central to marriages," the application said.
Justice for Rights Foundation, a non-governmental organization, has filed an application to intervene in a Supreme Court case challenging the marital rape exception.
The NGO said that existing laws, including Section 498A of the Indian Penal Code and the Protection of Women from Domestic Violence Act, 2005, already provide adequate protection for married women against abuse and cruelty.
The intervention emphasized the importance of maintaining the sanctity of marriage and the potential negative impact of criminalization on marital harmony and reconciliation efforts.
The NGO highlighted the need for procedural safeguards if marital rape is criminalized, to prevent arbitrary prosecution and protect the rights of the accused.
The application suggested that criminalizing marital rape could undermine existing mediation and reconciliation processes in marital disputes.
The Justice for Rights Foundation has requested that if the Supreme Court decides to strike down the marital rape exception, it should issue guidelines to safeguard the interests of all parties involved.
These suggested guidelines include protecting the identity of the accused, ensuring compliance with arrest procedures, and promoting mediation in such cases.
The NGO stated that its intervention aims to assist the Supreme Court in considering all aspects of this complex issue and its potential societal impact.