Supreme Court Verdict: Forced to have sex with wife is Marital Rape or not, Supreme Court will decid

Supreme Court Verdict: Forced to have sex with wife is Marital Rape or not, Supreme Court will decide, know what is Marital Rape!

 India is one of those 49 countries in the world where the husband who rapes his wife is not considered guilty by the society, nor is the central government in favor of considering it as a crime. There are many pending cases in the court, which the Supreme Court will decide whether it can be called marital rape or not, whether it is a crime or not?

 When such cases came up in the Delhi and Karnataka High Court, petitions regarding marital rape were filed in the Supreme Court and along with this, there has been a lot of discussion on whether or not to include marital rape in Article 375, regarding which the Supreme Court decided to hear the matter.

 Controversy of the Karnataka High Court: A petition was filed in the Karnataka High Court, in which the High Court ruled that sexual intercourse between husband and wife does not amount to rape and was not considered rape under Section 375, acquitting her of the charges.

 Delhi High Court Case: In the month of July this year, Justice Harishankar heard Justice Rajeev on such a petition in the Delhi High Court and both of them gave separate verdicts.

 4 types of arguments to remove exception from section 375 of IPC.

 1. Right to Equality has been given under Articles 14, 19 and 21 of the Constitution. Decriminalization of Marital Rape is against the rights of equality, dignified life, respect of person and freedom in sexual-personal life.

 2. The exception to Section 375 of the IPC takes away a married woman's right to consent to sexual activity.

 The petitioners argue that decriminalizing marital rape in a way makes a distinction between married and unmarried women.

 3. This provision was added in the IPC before the coming of the Constitution, so it is no longer needed.

 4. Marital rape was recommended to be removed from the exception of Section 375 of IPC, after the 2012 gangrape of a 23-year-old woman in Delhi, the JS Verma Committee was formed for criminal law reform, the central government had not taken any decision in this matter then.

One out of every 5 men has forced sex with his partner.

 More than two-thirds of married women aged 15 to 49 in India experience domestic violence and forced sex by their husbands. Married women who experience violence by their husbands include women from all socio-economic status. One in five men in the country experiences forced sex with his wife or partner.

 Marital rape is a crime in many countries.

 Firstly, Soviet Union declared marital rape as a crime in 1922, after Soviet Union, Poland declared it as a crime in 1932, Britain declared marital rape as a crime in 1991, America in 1993, after that till 2019, 150 countries of the world have declared marital rape as a crime.

 Marital rape is not a crime in only 34 countries of the world including India.