NGO Challenges Marital Rape Criminalization In SC, Cites Legal Misuse Risks

An application has been filed in the Supreme Court on Thursday by the NGO Justice for Rights Foundation, seeking to intervene in a plea regarding the criminalization of marital rape.

The NGO raised concerns about the potential misuse of laws should marital rape be made a criminal offense, citing instances of false allegations under existing protective legislation.

The application highlights that the misuse of current legal provisions, particularly Section 498A of the Indian Penal Code, has been acknowledged by the judiciary. It warns that criminalizing marital rape could provide another tool for malicious prosecution.

“Accusations of rape carry a severe social stigma, and false allegations could irreparably harm the reputation and lives of innocent husbands,” the application stated.

The NGO argues that there are already sufficient laws to protect women from abuse within marriage, asserting that the criminalization of marital rape is unnecessary. These laws, including civil and criminal remedies, adequately address various forms of abuse, including sexual violence.

Led by its founder and president Advocate Satyam Singh, the Justice for Rights Foundation sought to intervene in the ongoing case concerning the marital rape exception through Senior Advocate Sonia Mathur and advocates Rajeev Ranjan, Rishikesh Kumar, and Navneet.

The NGO’s application asserts that the marital rape exemption is based on a reasonable distinction between married and non-married relationships, claiming that criminalizing marital rape could disrupt the privacy and reconciliation efforts vital to marriage.

The intervention stresses the importance of maintaining the sanctity of marriage, noting that criminalization could negatively impact marital harmony and reconciliation efforts. The NGO further emphasized the need for procedural safeguards to prevent arbitrary prosecution and to protect the rights of the accused if marital rape is criminalized.

Additionally, the Justice for Rights Foundation contends that such a move could undermine existing mediation and reconciliation processes in marital disputes. They have requested that if the Supreme Court chooses to strike down the marital rape exception, it should also establish guidelines to safeguard the interests of all parties involved.

These proposed guidelines include measures to protect the identity of the accused, ensure adherence to proper arrest procedures, and promote mediation in such cases.

The NGO aims to assist the Supreme Court in considering the multifaceted aspects of this complex issue and its broader societal implications.

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