Sexual intercourse in marital relationship cannot be labelled as rape, says Advocate R K Kapoor

Advocate RK Kapoor appearing for one of the intervenors in the matter opposed the petition demanding criminalisation of marital rape and also said that comparing marriage relationships with sex-worker and customers is wrong

The sexual intercourse between husband and wife in a marital relationship cannot be labelled as rape but at the worst, it can be called sexual abuse only, advocate RK Kapoor said while opposing the petition demanding criminalisation of marital rape in Delhi High Court today.

Advocate RK Kapoor appearing for one of the intervenors in the matter opposed the petition demanding criminalisation of marital rape and also said that comparing marriage relationships with sex-worker and customers is wrong.

Advocate Kapoor submitted a bench of justices Rajiv Shakdher and C Hari Shankar, which is dealing with various petitions on the issue of criminalisation of marital rape.

He said that sexual intercourse between husband and wife in the marital relationship cannot be labelled as rape and at the worst, it can be called sexual abuse only, which would be clear from the definition of cruelty as defined under the Domestic Violence Act 2005.

"This is why exception 2 has been retained and Parliament has covered such an act of sexual abuse under Cruelty, and has taken it out of the purview of Rape as defined under Section 375 IPC, and exempted Husband from the severity of Section 376 IPC, " Kapoor submitted before the bench.

The Parliament does not say that such an act is not sexual abuse but has taken it on a different plane to save the institution of marriage and the wife cannot compel the Parliament to prescribe a particular punishment against the husband to satisfy her ego, advocate Kapoor argued, pointing out sufficient provisions in favour of the wife, which she can take.

Countering the submission made in favour of the marital rape, Kapoor said that "it cannot be said that Parliament has legalised the act of sexual abuse by the Husband.

"Citing provisions under the Hindu Marriage Act, he said that an endeavour has been made to protect the institution of marriage and said the institution of marriage is important not only for the couple but for the family which includes children and parents also.

Expressing his disagreement with the comparison with sex workers, Kapoor submitted that marital relationship is distinct from the relationship between sex worker and the stranger and can not be compared with the marital life.

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