Friday, March 29, 2024
ADVT 
India

Delhi HC Declines Plea On Making Marital Rape A Ground For Divorce

Darpan News Desk IANS, 09 Jul, 2019 09:17 PM

    The Delhi High Court on Tuesday declined to entertain a plea seeking direction to the Centre to frame guidelines for registration of FIR for marital rape as also laws for making it a ground for divorce.


    A bench of Chief Justice DN Patel and Justice C Hari Shankar disposed of the PIL saying the court could not direct framing of laws as it is the domain of the legislature and not the judiciary.


    The court observed that one after another, PILs are filed in the court for framing of laws.


    The PIL had sought that there should be a clear guideline for registration of cases related to marital rape under framed guidelines and laws, so that accountability, responsibility and liability of the authorities concerned can be fixed.


    The plea was filed in the high court after the Supreme Court refused to entertain it and asked the petitioner, advocate Anuja Kapur, to approach the high court for relief.


    She had also sought direction to the government for fixing appropriate punishment/penalties for violation of the guidelines and laws to be framed and enacted respectively.


    “Marital rape is no less an offence than murder, culpable homicide or rape per se. It denigrates the honour and dignity of a human being, and reduces her to a chattel to be utilised for one’s self convenience and comfort. It reduces a woman to a corpse, living under the constant fear of hurt or injury. Medical evidence proves that rape has severe and long-lasting consequences for women,” the plea had said.


    Kapur said in her plea that at present there is an ambiguity in the implementation of the context of marital rape as a ground of punishment or penalty during the registration of such a case in ambit of law.


    “There is a lot of confusion with the authorities concerned that under which law they should register an FIR/case related to marital rape. There should be a clear guideline for registration of the case of marital rape under framed guidelines and laws, so that accountability, responsibility and liability of the authorities concerned can be assigned and, penalties and punishments be awarded to safeguard the fundamental right guaranteed by the Constitution and dignity of the woman in marriage,” the plea said.


    Since marital rape at present is not a crime, there is no FIR registered by a wife against her husband in any police station, it had said.


    Rather, it is being compromised by the police authorities to maintain the sanctity of the marriage between the victim and the husband, it had added.


    “As marital rape is not a ground for a divorce in the Hindu Marriage Act, 1955, Muslim Personal Law (Shariat) Application Act, 1937, and Special Marriage Act, 1954, it cannot be used as a ground for divorce and cruelty against husband,” it had said.

    MORE India ARTICLES

    MS Dhoni's Got Virat Kohli's Back: Fans' Shirts Evoke ICC Tweet

    A group of fans wore jersies with "Kohli" printed in front and "Dhoni" at the back.    

    MS Dhoni's Got Virat Kohli's Back: Fans' Shirts Evoke ICC Tweet

    Mohali Police Book Rapper Yo Yo Honey Singh For Using Vulgar Words In Music Video

    Punjab Police have booked rapper Yo Yo Honey Singh and producer Bhushan Kumar over lewd lyrics in the singer's new song, "Makhna", an official said on Tuesday.

    Mohali Police Book Rapper Yo Yo Honey Singh For Using Vulgar Words In Music Video

    Urmila Matondkar's 'Leaked' Letter Fuels Feud In Mumbai Congress

    "After making a multilingual appeal to the workers not to quarrel against each other, the 'young dynast' has planted this news to 'stabilise' the party.

    Urmila Matondkar's 'Leaked' Letter Fuels Feud In Mumbai Congress

    Budget Extends Tax On NRIs For Receiving Gifts From Resident Indians

    Budget Extends Tax On NRIs For Receiving Gifts From Resident Indians
    The Finance Bill 2019 has imposed tax on any sum of money paid or any property situated in India, transferred by a person resident in India to a person outside India, as it would be deemed to accrue or arise in India.

    Budget Extends Tax On NRIs For Receiving Gifts From Resident Indians

    Tanushree Dutta Counters Cops' 'No Evidence' Claim, To File Protest Petition Against Nana Patekar's Clean Chit In Sexual Harassment Case

    Tanushree Dutta, in her complaint filed in October 2018, accused Nana Patekar of harassing and misbehaving with her while shooting a song on the sets of the film "Horn Ok Pleasss" in 2008.  

    Tanushree Dutta Counters Cops' 'No Evidence' Claim, To File Protest Petition Against Nana Patekar's Clean Chit In Sexual Harassment Case

    Sunny Deol's Election Expenditure Found To Be More Than Rs. 70 Lakh Limit

    The poll expenditure of Sunny Deol was found to be Rs. 78,51,592, that is, Rs. 8.51 lakh more than the statutory limit of Rs. 70 lakh sanctioned for parliamentary elections.  

    Sunny Deol's Election Expenditure Found To Be More Than Rs. 70 Lakh Limit