Rahul Gandhi joins marital rape debate, says consent needs to be foregrounded to ensure safety for women

Provisions of the IPC under Section 375 (rape) exempt sexual intercourse by a man with his wife from the offence of rape, provided the wife is above 15 years of age

Top Congress leader Rahul Gandhi on Sunday came out in support of those arguing for the criminalisation of marital rape, saying consent is the "most underrated" concept in the society and it should be "foregrounded" for the safety of women.

Rahul tweeted, "consent is amongst the most underrated concepts in our society. It has to be foregrounded to ensure safety for women. #MaritalRape."

His remarks came as the Delhi High Court is hearing a batch of petitions seeking criminalisation of marital rape with the Centre telling the judges that it was considering a “constructive approach” to the issue of criminalising marital rape. The Centre also said it has sought suggestions from state governments, the Chief Justice of India, MPs and others on comprehensive amendments to the criminal law.

At present, the provisions of the Indian Penal Code under Section 375 (rape) exempt sexual intercourse by a man with his wife from the offence of rape, provided the wife is above 15 years of age.

Read | Testimony of rape survivor enough for conviction: HC

Senior lawyer Rajshekhar Rao, who was assisting the court as an amicus curiae, on Friday asked the Delhi High Court whether it was fair that a wife is denied the right to call rape a rape and is asked to take recourse to the provision of cruelty against her husband for the act in today’s age.

He said, “can anyone argue that it is reasonable, just and fair that a wife should be denied the ability to call rape a rape but should be called upon to seek remedy under section 498A (cruelty to married woman) of the IPC in today’s age?... unfortunately the law is not gender neutral.”

Rao said in an otherwise happy marriage, if the wife is just saying she is not in for sexual intercourse today, law does not say that the husband can do so, but it subtly says if he does in lack of her consent, he will not be called out for raping her, PTI has reported.

The petitions were filed by RIT Foundation, All India Democratic Women's Association (AIDWA), a man and a woman seeking striking down of the exception granted to husbands under the Indian rape law. The next hearing will be on Monday.

However, those opposing the criminalisation of marital rape argue that such a move would lead to disintegration of family.

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