Dismissal of PIL on Marital Rape

Another PIL was filed in the Hon’ble Supreme Court pleading to stop marital rape as by declaring it a Crime. It was also prayed to spread awareness and respect about woman and their personal rights and liberty.

It was presented in the bench of Hon’ble Chief Justice of India U.U.Lalit and Hon’ble Justice Ravindra Bhatt on Monday (05^th September’ 2022) The PIL was dismissed by the apex court on the ground that it was already into consideration at the Delhi High Court and listed on 12^th September’ 2022 at the Delhi High Court.

The Chief justice of India further said, “In the view of the fact that the petition is already under consideration in a separately instituted proceedings, no reason to entertain this petition. Dismissed.”

Case:- Prabhakar Deshpande VS. Union of India and Others

It should be noted that in the year 2000, Law Commission of India (172nd Report) did not recommend to criminalize “marital rape”. However, UN official made it clear, repeatedly, that “marital rape is rape”, and urges countries to end this practice.

commenting on the issue a twitter user wrote:

“Sexual intercourse by husband not rape, even if by force”- #Chhattisgarh HC

A wife’s consent to sex is essential, and she is no different from other women. Rape is rape and a rapist remains a rapist. Indian courts have undoubtedly failed the women of this country. #MaritalRape

— Shreya kapoor (@ShreyaAISA) August 30, 2022