Marital rape must be treated as offence, say legal luminaries

Experts added that gender neutral terms in sexual offences should be used with victims including the third gender.
Image used for representational purpose only.
Image used for representational purpose only.

CUTTACK: Participants of the Eastern Regional Consultation for Odisha, West Bengal, Jharkhand, Chhattisgarh and Bihar on ‘Review of Criminal Law: Improvement in Status of Women’ organised by National Law University Odisha (NLUO) raised concerns on standard of evidence in cases of marital rape and punishment awarded to culprits.

Marital rape as an exception should be deleted and treated as an offence. Section 498 of IPC (abduction of a married woman) should be repealed and replaced with the provision of regular abduction. Similarly, section 498 A should remain a cognizable offence and battered woman syndrome should be included under right of private defence, resolved the participants at the consultation programme besides emphasising speedy justice.

They also said that a sexual offender’s registry should be maintained with confidentiality. Besides, gender neutral terms in sexual offences should be used with victims including the third gender. There should be inclination towards rehabilitation and restorative justice as well.The participants also emphasised on strengthening the existing support systems under criminal law and better implementation of existing laws rather than adding or creating more laws and provisions.

The objective of the consultation was to review and analyse the position of law and formulate consolidated recommendations for viable amendments keeping in view the perspective and position of women in India.
The consultation programme revolved around extensive discussion and deliberation on sexual offences, offences relating to marriage, cruelty by husband and his relatives, maintenance of wives, children and parents, need for modification in provisions of arrest, search and seizure, etc among other important points.

While NLUO Vice-Chancellor Prof Ved Kumari gave the welcome address, chairperson, National Commission for Women Rekha Sharma delivered the inaugural address. Noted academician and leading human rights activist Dr Usha Ramanathan shared her insights on ‘Looking at Criminal Law through the Lens of Women Studies’. The other notable speakers were member, Bar Council of India Debi Prasad Dhal and Prof Gangotri Chakraborty.

Members of State Women Commissions, NGOs, members of civil societies, delegates from academia, legal professionals, police personnel and prison officials participated and gave their views and opinions through deliberations in focused group discussions at the event.

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