The Delhi Government on Friday told the Delhi High Court that marital rape has already been covered as a crime of cruelty under the Indian Penal Code (IPC).
Appearing for Delhi Government, advocate Nandita Rao said that marital rape is a crime of cruelty in India and married and unmarried women are kept differently under every single law. She also apprised the Court that an FIR had been registered under Section 498A IPC on the complaint of one of the petitioners, who claimed a victim of repeated marital rape.
Section 498A of IPC says that a husband or a relative of the husband of a woman subjecting her to cruelty whereas cruelty means any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman.
The submission of the state government came while hearing a batch of petitions relating to the criminalisation of marital rape. The petitioners include NGOs RIT Foundation and All India Democratic Women’s Association among others.
The advocate, representing one of the petitioner women, told the Court that figure of marital rape is never reported or analysed. “How many times does rape take place in the institution of marriage and is never reported,” the lawyer submitted.
The lawyer also cited various judgements passed by Courts in the US, UK, European Union and Nepal.
A Bench of Justices Rajiv Shakdher and C Hari Shankar listed the matter for further hearing on January 10.