Is it a crime if a husband sexually assaults his wife?

Latest News :- The Supreme Court today started hearing on whether it should be considered a crime if a husband sexually harasses his wife. Remarkable arguments have been given in it. Article 375, Exception 2 of the Indian Code of Justice (PNS) states that forced sexual intercourse by a husband with a wife under 18 years of age or involvement in sexual violence is not an offense in law. Several petitions have been filed in the Supreme Court demanding that this law be declared unconstitutional. These petitions were heard today before a bench of Chief Justice DY Chandrachud, Justice JP Pardiwala and Justice Manoj Mishra.

Earlier, the Central Government had filed an affidavit in this matter. Among them, the criminalization of sexual violence in marital relations affects marital relations; It was pointed out that this would cause serious disruption. In such a situation, when this case was put up for hearing today, senior lawyer Rakesh Dwivedi, appearing for the Maharashtra government, insisted that it should be transferred to the Constitutional Court. Responding to this, the Chief Justice said that we will see it eventually.

Senior advocate Karuna Nandi, appearing for All India Democratic Women's Association, argued that a woman's consent is very important in sexual activities. The Chief Justice then questioned whether it would create a new crime if the Justice Department declared that a man had committed the crime of sacrificial violence against his wife. He also questioned how the definition of sexual harassment should be determined.

After this, Karuna Nandi presented her argument and said, “Exception 2 of Article 375 of the Indian Judicial Code Act takes away the rights of a woman. Sexual assault on a woman is the same whether it is a husband or any other person. Having sex without consent if a woman is in a live-in relationship is considered sexual violence, but the law says that if extremely cruel acts are repeatedly done to a married woman, it is not sexual violence.

PNS criminalizes sexual harassment. But if he is involved in the same offense by virtue of his status as a husband, it completely exempts him from the offence. Therefore it should be brought in line with the Constitution.

Matthew Haley, who was Chief Justice of England in 1736, continues to dominate the issue today. In his judgment he considered the husband and wife as one body. His judgment also states that the husband cannot be guilty of sexual harassment. It states that the wife has given authority to the husband by mutual consent and marriage contract. However, England made it a crime to sexually assault a wife in 2003.

The Chief Justice of the Supreme Court asked the Supreme Court to present arguments in response to the Central Government's claim that considering sexual violence against a wife as a crime will affect marital relations. Karuna Nandi then argued that protecting a married woman from sexual violence does not destroy the institution of marriage, marriage is personal; He also told that this is not institutional.