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False Implication in A Rape Case Causes Equal Humiliation, Disgrace and Mental Agony To The Accused

The document summarizes opposing viewpoints on whether marital rape should be criminalized in India. The respondent argues that: 1) Forced sex did not occur in this case. 2) Criminalizing marital rape would interfere with marriage and procreation. 3) False rape accusations damage reputation. Meanwhile, the petitioner contends that: 1) Distinguishing between married and unmarried girls is arbitrary. 2) Marital rape violates bodily autonomy and human rights. 3) The definition of rape and protections for married women under Indian law require reform. Both sides debate the implications for marriage, privacy, and criminal justice.

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47 views

False Implication in A Rape Case Causes Equal Humiliation, Disgrace and Mental Agony To The Accused

The document summarizes opposing viewpoints on whether marital rape should be criminalized in India. The respondent argues that: 1) Forced sex did not occur in this case. 2) Criminalizing marital rape would interfere with marriage and procreation. 3) False rape accusations damage reputation. Meanwhile, the petitioner contends that: 1) Distinguishing between married and unmarried girls is arbitrary. 2) Marital rape violates bodily autonomy and human rights. 3) The definition of rape and protections for married women under Indian law require reform. Both sides debate the implications for marriage, privacy, and criminal justice.

Uploaded by

simran yadav
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ISSUES

RESPONDANT

1. That there was no forced sexual intercourse by the husband.


2. That India is a democratic country and interfering with the institution of marriage and declaring sexual intercourse as a
crime would give people feeling that they are made devoid of their right to procreate would bring agony amongst
people thereby would disturb social order.
3. Accusing with false charges defames the reputation of the individual and his family. false implication in a rape case
causes equal humiliation, disgrace and mental agony to the accused
4. The defendant is psychologically traumatized.
5. There is an excessive interference with the institution of marriage.
6. According to the beliefs of Hinduism, marriage is a sacred institution and its primary purpose is procreation and
continuation of life upon earth. that allowing wives to complain about rape will destroy the family;
7. Under Hindu marriage act, 1955 one of the “conjugal duties” of the wife is to provide sexual satisfaction to her
husband,
8. Section 375 of the Indian Penal Code(IPC) considers forced sex in marriages as a crime only when the wife is below 15
or the couple is legally separated. Thus, marital rape is not a criminal offense under the IPC. that by definition, sex
within marriage can never amount to rape
9. Section 122 of the Indian Evidence Act prevents communication during marriage from being disclosed in court except
when one married partner is being persecuted for n offence against the other. Since, marital rape is not an offence, the
evidence is inadmissible, although relevant, unless it is a prosecution for battery, or some related physical or mental
abuse under the provision of cruelty. Setting out to prove the offence of marital rape in court, combining the provisions
of the DVA and IPC will be a nearly impossible task
10. a weapon of abuse in the hands of unscrupulous wives.
11. that the criminalisation of sexual intercourse between married couple would violate the privacy of marriage by (to put
it euphemistically) “allowing the State into the bedroom”;
12. Sir Matthew Hale, Chief Justice in 17th Century England. Lord Hale wrote that: ‘the husband
cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual consent
and contract, the wife hath given up herself this kind unto her husband which she cannot
retract’.

PETIONER
ISSUES
1. an unnecessary and artificial distinction between a married girl
child and an unmarried girl child is arbitray and has no rational nexus with any unclear
objective sought to be achieved. not in the best interest of the girl child
W.P. (C) No. 382 of 2013 Page 1
2. The artificial distinction is contrary to the philosophy and ethos of Article 14,15(3)
of the Constitution as well as contrary to Article 21 of the Constitution and
our commitments in international conventions.
3. Enacting Exception 2 to Section 375 of the IPC in the statute book, the girl
child is placed at a great disadvantage, contrary to the visionary and
beneficent philosophy propounded by Article 15(3) of the Constitution.
4. Husband causing some physical injury to his wife, he is punishable under the
appropriate offence and the fact that he is the husband of the victim is not an
extenuating circumstance recognized by law.”
5. A marriage is a bond of trust and that of affection. A husband exercising sexual superiority, by getting it on demand and through any means possible, is not part
of the institution.
6. Article 2 of the Declaration of the Elimination of Violence against Women includes marital rape explicitly in the definition of violence against women. Emphasis on
these provisions is not meant to tantalize, but to give the victim and not the criminal, the benefit of doubt.
7. Section 3 of the Domestic Violence Act, amongst other things in the definition of domestic violence, has included any act causing harm, injury, anything
endangering health, life, etc., … mental, physical, or sexual.
8. The UN Population Fund states that more than 2/3rds of married women in India, aged between 15 to 49 have been beaten,
raped or forced to provide sex. A look at the options a woman has to protect herself in a marriage, tells us that the
legislations in India in this regard have been either non-existent or obscure.
9. act of rape causes intense emotional distress and immense humiliation to the victim
10. Also, Section 498A specifies only mental and physical abuse under its “definition of cruelty by husbands and in-
laws”.
11. that the law which is considered as the saviour of the victimized is inadequate and
insufficient to protect the interests of those afflicted with the ill of marital rape
12. an implied consent to engage into sexual activity does not mean consent to being
inflicted with sexual violence.
13. . The narrow definition of rape (section 375 of IPC) demands change
14.

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