Petitioning Member-Secretary, Law Commission of India

OPPOSING CRIMINALIZATION OF MARITAL RAPE IN I.P.C

1    Member-Secretary

      Law Commission of India,

     14th Floor, Hindustan Times House

      Kasturba Gandhi Marg, New Delhi – 110 001

 

2     Ministry of Home Affairs

       North Block

       Central Secretariat

       New Delhi – 110001   

        

 

3      Ministry of Law and Justice,

        4th Floor, A-Wing,

        Shastri Bhawan, New Delhi-110 001

 

 

 

The demand by certain organizations that Marital rape law should be inserted in Indian penal code could be another havoc in the Indian society. Alarmingly, rise of the false cases which often been filed with oblique motives to settle the scores, especially by the Live in relation partners to put pressure on man and its peer groups for their illegitimate demands which can be observed from various daily news paper clippings. The contention of the organizations that every law is misused cannot be appreciated in respect to overflooding of the false matrimonial cases like 498-A/406, Dowry Prohibition, Domestic Violence which has been escalating year by year and takes several years for its disposal. Inserting martial law will adduce another weaposn by the unscrupulous wifes to use it against the husband who has already been facing multiple cases filed at the instance of the woman.

CURRENT LEGISLATIONS

Section 375
Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.'
Sexual intercourse by husband upon his wife during separation
376B. Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.
Explanation.—In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375

Section 3 in The Protection of Women from Domestic Violence Act, 2005
3. Definition of domestic violence.—For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

Explanation I.—For the purposes of this section,—

(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

In Domestic Violence Rules, 2006 there is FORM No. IV

(See rule 8(1)(ii)]

INFORMATION ON RIGHTS OF AGGRIEVED PERSONS UNDER THE PROTECTION OF WOMEN

FROM DOMESTIC VIOLENCE ACT, 2005

 

The Protection of Women from Domestic Violence Act, 2005, gives women the right to claim protection and assistance against domestic violence.

 

 2. Sexual Violence:

For example—

(i) Forced sexual intercourse;

(ii) Forces you to look at pornography or any other obscene pictures or material;

(iii) Any act of sexual nature to abuse, humiliate or degrade you, or which is otherwise violative of your dignity or any other unwelcome conduct of sexual nature;

(iv) Child sexual abuse”

 

The woman who filed the false Domestic Violence case routinely made all allegations against the hsuabnd besides other forms of cruelty. If the same is accepted mechanically then all Domestic Violence cases will be treated as marital rape cases and there will be over flooding of frivolous marital rape cases languished in the court. Since the marital rape under IPC will be tried not below the rank of the session court then session court have to dealt will all the martial rape cases as result the genuine  cases of the rape will be suppressed

 

There are already adequate remedies are available to married woman which are as follows:

3. If an act of domestic violence is committed against woman by a person/s with whom woman are/were residing in the same house, woman can get all or any of the following orders against the person(s)

(a) Under section 18:

(To Stop committing any further acts of domestic violence on you or your children,

 

 

Section 13 of The Hindu Marriage Act, 1955 defines Divorce


(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-



(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

 

 

The Indian Penal Code, 1860 provides adequate safeguards to punish those who indulge in false complaints. Section 182 ( False Information, with intent to cause public servant to use his lawful power to the injury of another person) provides imprisonment upto 6 months or fine upto Rs 1,000/- or both for giving false information to the public servant. Section 211. False charge of offence made with intent to injure) IPC, inter-alia, provides imprisonment up to 2 years or with fine or with both for falsely charging any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against the person. Section 358 of Cr.P.C provides provision for compensation to the persons groundlessly arrested.  

  

News Clipping 

1     Women's panel claims over HALF the rape cases registered in past year were false allegations

Frivolous rape cases are on the rise in the Capital, if the Rape Crisis Cell of the Delhi Commission for Women (DCW) is to be believed. 

According the data, 1,466 of the 2,753 rape cases registered with the women’s panel between April 2013 and July 2014 were found to be false.....

 

The kind of cases that generally turn out to be false are mostly filed by live-in partners, people who want to settle personal scores matters, and those who want to implicate their in-laws in cases.

 

 

 

http://www.dailymail.co.uk/indiahome/indianews/article-2781534/Women-s-panel-claims-HALF-rape-cases-registered-past-year-false-allegations.html

 

 

2     Court says rape law is being misused by women

 

Penal provisions on rape have been misused by some women who develop consensual physical relationship with their lovers and after the breakup file false rape cases to force them to marry them, the Delhi High Court has said.



"Many of the cases are being reported by those women who have consensual physical relationship with a man but when the relationship breaks due to one reason or the other, the women use the law as a weapon for vengeance and personal vendetta to extort money and sometimes even to force the boy to get married to them," the court said in a recent order.

 

http://indiatoday.intoday.in/story/women-misuing-rape-law-marriage-consensual-sex/1/273110.html

  

3     False rape cases on the rise: Are tougher rape laws being misused?

Tougher rape laws leading to increase in false cases? As per a TOI report, "Now, there's some evidence to support this claim. Statistics on the disposal of rape cases in Delhi's trial courts show a sharp increase in the acquittal rate after the infamous December 16, 2012, gang rape. While in 2012, the acquittal rate in rape cases was 46%, in the first eight months of 2013 (for which exact figures are available) it shot up to 75%. Sources said acquittals remain high this year as well, accounting for around 70% of the cases. Legal experts say the high acquittal rates are because of a spurt in the number of false rape cases being filed. The observations of judges in acquittal cases also bear this out." This alarming acquittal rate is becoming a big reason to worry. Post December 16 incident, laws dealing with sexual offences against women were strengthened for speedy justice to women in such cases. But if the laws will be misused like this then what is the point of strengthening the law as this will hamper the victims who are really facing such problems.

 

http://www.oneindia.com/feature/false-rape-cases-on-the-rise-are-tougher-rape-laws-being-mi-1496547.html

 

 

4     Women lodging false rape cases should be punished: Court
 

False rape cases makes the crime graph shoot up, play havoc with the crime statistics and tend to trivialize the offence of rape and, "no sooner that the news of a person having been accused of rape spreads in the society, he is looked down upon by all and sundry," it observed.

While the act of rape causes intense emotional distress and immense humiliation to the victim, at the same time one cannot lose sight of the fact that false implication in a rape case causes equal humiliation, disgrace and mental agony to the accused, the court further said.

http://timesofindia.indiatimes.com/india/Women-lodging-false-rape-cases-should-be-punished-Court/articleshow/46043227.cms

5  Model Rape Case: I Contemplated Suicide, Says DIG Sunil Paraskar

Mumbai: The Dindoshi Sessions court on Friday discharged Maharashtra DIG Sunil Paraskar in a rape case alleged by a 27-year-old model. The model had alleged that Paraskar, (57), had sexually assaulted her on two occasions in December 2013 and he had been suspended following the allegations.

http://www.ndtv.com/mumbai-news/model-rape-case-i-contemplated-suicide-says-dig-sunil-paraskar-1251348

 

 

6     Delhi: Depressed over rape charges, man commits suicide

 

A 55-year-old executive director of an NGO committed suicide by jumping off a building here after becoming depressed when a girl accused him of rape, police said Wednesday.



http://ibnlive.in.com/news/delhi-depressed-over-rape-charges-man-commits-suicide/440409-3-244.html

 

 

7     Woman sentenced for levelling false charge of rape against man
 

 

INDORE: A woman was awarded a sentence of four years and a fine of Rs 11,000 for levelling false rape charges against her landlord, after a dispute over the payment of rent due to which the landlord committed suicide

 

http://timesofindia.indiatimes.com/city/indore/Woman-sentenced-for-levelling-false-charge-of-rape-against-man/articleshow/22254959.cms

 

8     Court acquits man, spares woman for filing false rape case in Delhi

 

"The prosecutrix (woman) deserves to be prosecuted for having set the police machinery in motion on false information and for giving false evidence before this court but I refrain from doing so for the reason that prosecutrix and accused are legally married couple and in the hope that they would forget their bitterness....and would start living together as husband and wife peacefully," the judge said

 

http://ibnlive.in.com/news/court-acquits-man-spares-woman-for-filing-false-rape-case-in-delhi/531662-3-244.html

 

9  Woman to pay Rs 50 lakh for accusing actor of rape

CHENNAI: Perhaps in a first of its kind order, the Madras high court has awarded 50 lakh compensation to an actor who was convicted based on the rape charges levelled by a woman.

 

timesofindia.indiatimes.com/city/chennai/Woman-to-pay-Rs-50-lakh-for-accusing-actor-of-rape/articleshow/17563842.cms 

 

10 Court acquits Amity rape accused, says evidence cooked up

 

NEW DELHI: Accusing the police of fabricating evidence in a sensational 2012 'rape' case, a trial court has acquitted two youths, including a student of Amity University, who were accused of gang-raping another student of the university.

 

http://timesofindia.indiatimes.com/city/delhi/Court-acquits-Amity-rape-accused-says-evidence-cooked-up/articleshow/46472326.cms

 

 

 

SUICIDES BY INDIAN MEN

The following suicide cases which has been committed by married men during last 9 years, which has been reported by National Crime Record Bureau, Ministry of Home affairs

Number of Suicide Victims by “Married” Marital Status

 

YEAR                        MEN                 WOMEN

 

2013                         64098               29491

 

2012                        63343               31921

 

2011                         62433               32582 

 

2010                         61453               31754

 

2009                         58192               31300

 

2008                         57639               30224

 

2007                         57593               30064

 

2006                         55452               29869 

 

2005                         52483               28188

 

 

Hon’ble Supreme Court of India in ARNESH KUMAR VERSUS STATE OF BIHAR & ANR. CRIMINAL APPEAL NO. 1277 OF 2014 (SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013) Date: 2 July 2014 has observed
“The rate of charge-sheeting in cases under Section 498A, IPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal”

 

There will be collapse of the social and family system if such laws has been introduced when there is already menace of the other biased laws prevailing in the Indian society

There is no empirical date which ever have indicated that married women are raped by their husbands & thus amending legislation without appreciating the misuse of laws would bring more devastating effects to the system  

 

When the DV law was enacted in India , the married woman who now filed 498-A cases also slapped DV cases against their husband and his family members. There will not be no,doubt when marital rape law would be implemented, all married woman who slapped 498-A & DV cases will not hesitate in filing the additional charges of marital rape. There will be rise in marital rape cases languished in Session Courts and genuine cases will also be affected in getting the free and fair trial


There will be collapse of the social and family system if such laws has been introduced when there is already menace of the other biased laws prevailing in the Indian society

Therefore, such biased laws needs to be scrapped for the general interest of the family and the Indian society as marriage is still considered as sacrament in Indian society


Regards


All independent Individuals/Group members of


Need for men rights commission


Stop Misuse of Biased laws


498-A Victims


( The individuals signatures/support and comments are attached with this petition)

 

 

 

 

This petition will be delivered to:
  • Member-Secretary, Law Commission of India


    YOGESH MAHAJAN started this petition with a single signature, and now has 1,114 supporters. Start a petition today to change something you care about.




    This petition can’t win without you

    Add your name to help “Law Commission of India: OPPOSING MARITAL RAPE LAW” win today. Every signature matters.