Marital rape, Major sexual violence against women in a marriage house, not reported

Marital rape The biggest sexual violence against women in a marriage house, not reported ‘: SR Adv Colin Gonsalves argues in Delhi HC

In a group of requests seeking criminalization of marital rape in India, one of the applicants currently told the Delhi High Court that Marital rape is the largest form of sexual violence against women who have never been reported, analyzed, or examined.

Biggest form of sexual violence against women at home

Senior Advocate Colin Gonsalves appeared for the applicant submitted before benches consisting of the Justice of Rajiv Shakdher and Justice C Shankar day thus:

“This might be the biggest form of sexual violence against women at home words, within the boundaries of houses, not recorded, not reported, no cemal. If someone calculates the total number of married men and married women, the number of rape that occurs in marriage Institutional, it is a large number that has never been reported or analyzed, or studied. “

Making the argument, Gunsalves refers to the factual background of the case by giving a court that the Petitioner, a 27-year-old woman was brutally raped by her husband after that she suffered a terrible injury as a result.

Old general legal rules for marriage approval for sexual relations

“Very often, there are cases of female marital rape, no one will help them, both parents or their police. The police will laugh at them saying how you can come and file fir against your husband,” Gonsalves added.

He took the court through various decisions of international justice about marital rape ranging from House of Lord Hosti in case R v. R.

In such cases, the House of Lord has canceled the old general legal rules that marriage automatically gave approval for sexual relations and was held that a husband could be punished for rape or tried his wife’s rape where he pulled his approval to have intimate relationships.

He then refers to the case of C. R. v. England where the European Human Rights Commission has stated that “a rapist remains a rapist regardless of his relationship with the victim”.

Wedding rape

Gonsalves also relies on the assessment of the Nepalese Supreme Court delivered on the wedding rape where “marriage does not mean women to turn to slaves. Thus, women do not lose human rights because of marriage. As long as someone lives as a human he has the right to use human rights Default and natural. To say that the husband can rape his wife after the marriage denies independent existence, the right to live with self-esteem, and rights to their own fate. “

Gonsalves specifically emphasizes that the Supreme Court Nepal directs parliament to introduce the bill to bring the amendments needed as a solution with respect to marital rape, taking into account the special situation of marriage relations and the position of the husband.

“They follow different propositions. If they find that the law is incorrect, they issue directions to parliament to make the right law. India accepts that the court cannot direct the appropriate law, but this is not a universal followed. But this is not a universally followed procedure, “Gonsalves added.

NGO Rit Foundation petition against marital rape

Courts will now continue to hear arguments on Monday.
The petition against marital rape has been submitted by the NGO Rit Foundation, all Indian Democratic Associations, and two individuals. They strive to attack exceptions in Indian law who do not consider sexual relations with Young Minor wives, over 15 years, as rape.
Case title: RIT Foundation v. Uoi and other things that are connected