Would you like to receive notifications on latest updates of the following headlines?

Don't toughen criminal penalties against marital rape, India govt tells S'Court

POSTED ON October 4, 2024 •   World      BY Benedicta Bassey
India Prime Minister, Narendra Modi/ Photo credit: Indian express

India’s government has ordered the country's top court not to toughen criminal penalties against marital rape.

The government announced this during an ongoing case brought by campaigners seeking to outlaw it.

According to the penal code introduced in the 19th century during British colonial rule of India, “sexual acts by a man with his own wife… is not rape”.

But the Prime Minister, Narendra Modi’s government enacted an overhauled code in July which retained that clause, despite the decade-long court challenge by activists seeking to make marital rape illegal.

India’s interior ministry filed an affidavit to the Supreme Court stating that while marital rape should result in “penal consequences”, the legal system should treat it more leniently than rape committed outside of marriage.

“A husband certainly does not have any fundamental right to violate the consent of his wife,” the affidavit said, according to The Indian Express newspaper.

“However, attracting the crime in the nature of ‘rape’ as recognised in India to the institution of marriage can be arguably considered to be excessively harsh.”

India’s current penal code mandates a minimum 10-year sentence for those convicted of rape.

The government’s statement said that marital rape was adequately addressed in existing laws, including a 2005 law protecting women from domestic violence.

The law recognises sexual abuse as a form of domestic violence but does not prescribe any criminal penalties to perpetrators.

The penal code also punishes broadly defined acts of “cruelty” by a husband against their wife with prison terms of up to three years.

According to the Indian government's latest National Family Health Survey, six per cent of Indian married women aged between 18 and 49 have reported spousal sexual violence.

In the world’s most populous country, that implies more than 10 million women have been victims of sexual violence at the hands of their husbands.

Nearly 18 per cent of married women also feel they cannot say no if their husbands want sex, according to the survey.

Divorce remains a taboo across much of India with only one in every 100 marriages ending in dissolution over family and social pressure.

Chronic backlogs in India’s criminal justice system mean some cases take decades to reach a resolution, and the case pushing for the criminalisation of marital rape has made painfully slow progress.

It was referred to the Supreme Court after a two-judge bench in the Delhi High Court issued a split verdict in May 2022.

One judge in that case ruled that while “one may disapprove” of a husband forcibly having sex with his wife, that “cannot be equated with the act of ravishing by a stranger”.

 

AFP

READ ALSO
Nigeria seeks Egyptian expertise in power generation, rural electrification
BY Abiodun Saheed Omodara March 24, 2025 0

ABUJA, Nigeria - The Federal Government has announced its intention to learn about power generation...

READ ALSO
Cataracts and Glaucoma: Key causes of blindness in Plateau- Health Commissioner
BY Abiodun Saheed Omodara March 20, 2025 0

The health commissioner of Plateau, Nicholas Baamlong, has announced that the state has a blindness...

READ ALSO
India reaffirms commitment to strengthening ties with Nigeria
BY Abiodun Saheed Omodara March 20, 2025 0

LAGOS, Nigeria - The High Commission of India has reiterated its commitment to enhancing bilateral r...

READ ALSO
FAO warns of 'Unprecedented' Avian Flu spread, urges immediate global action
BY Abiodun Saheed Omodara March 19, 2025 0

The UN Food and Agriculture Organization (FAO) has reported that the swift spread of the highly cont...

READ ALSO
Nigeria at risk of HIV treatment shortage as WHO highlights impact of U.S. foreign Aid cuts
BY Abiodun Saheed Omodara March 18, 2025 0

The World Health Organization (WHO) announced on Monday that Nigeria is one of nine countries on the...

READ ALSO
Nigeria's response to WTO obligations, AfCFTA opportunities for foreign investment
BY Abiodun Saheed Omodara March 16, 2025 0

In light of Nigeria's previous commitment to the World Trade Organisation (WTO) global trade agreeme...

READ ALSO
China prosecutes over 21,000 for counterfeit goods in 2024, Intensifying crackdown on fraudulent sales
BY Abiodun Saheed Omodara March 14, 2025 0

Chinese procuratorial organs said it prosecuted 21,404 individuals in 2024 for producing and selling...

READ ALSO
ECOWAS reaffirms commitment to empowering MSMEs as catalysts for economic growth
BY Abiodun Saheed Omodara March 11, 2025 0

The Economic Community of West African States (ECOWAS) has reaffirmed its commitment to empowering M...

OUR CHANNELS:

Senate set to prioritize Tinubu’s Tax Reform Bills after recess
BY Abiodun Saheed Omodara March 30, 2025 0

The Senate is poised to prioritize the evaluation and approval of President Bola Tinubu’s tax...


NARD advocates for enhanced Medical facilities to retain Doctors amidst migration crisis
BY Abiodun Saheed Omodara March 30, 2025 0

The Nigerian Association of Resident Doctors has announced that its membership has reached 11,899.&n...


FRSC calls for Safe driving practices amid Eid-el-Fitr festivities
BY Abiodun Saheed Omodara March 30, 2025 0

OGUN, Nigeria - The Federal Road Safety Corps (FRSC) in Ogun State has issued a warning to motorists...


Proposed Age Limit Sparks Outcry Among Political Parties
BY Suleiman Jimoh April 1, 2025 0

In a move that has ignited widespread criticism and debate, Nigeria's House of Representatives recen...


Kano's 15th Emir cancels Eid Durbar following security discussions
BY Abiodun Saheed Omodara March 31, 2025 0

KANO, Nigeria - Amid increasing tensions surrounding the Kano Emirate, the 15th Emir of Kano, Aminu...


Wamakko facilitates release of 60 inmates in Sokoto, Promotes non-custodial sentencing
BY Abiodun Saheed Omodara March 31, 2025 0

SOKOTO, Nigeria -  The representative of Sokoto-North senatorial district, Aliyu Wamakko, has a...


Nigeria set to lead in smart mobility with AI speed train initiative
BY Abiodun Saheed Omodara March 31, 2025 0

The Ogun-Guangdong Free Trade Zone (OGFTZ) and China’s Zhongguancun Infogu Asset Management Co...


Sabalenka, Paolini set for Miami semifinal after quarterfinal victories
BY Abiodun Saheed Omodara March 31, 2025 0

World number one Aryna Sabalenka staged a comeback in the second set to secure her place in the semi...


Son Heung-min blames poor pitch conditions for South Korea's World Cup qualifying struggles
BY Abiodun Saheed Omodara March 30, 2025 0

Son Heung-min criticized the poor condition of South Korea's pitches for their struggles in the 2026...


Nigeria gains unexpected edge in 2026 World Cup quest qmid South Africa's player eligibility controversy
BY Abiodun Saheed Omodara March 31, 2025 0

Nigeria's emerging quest for a spot in the 2026 World Cup received an unforeseen advantage over the...


More Articles

Load more...

Menu