New Delhi: The Delhi High Court on Wednesday refused to restrain the city government from enforcing its decision to allow even and odd number cars to ply in Delhi on alternative dates, saying the decision is on a “trial basis”.
A division bench of Chief Justice G Rohini and Justice Jayant Nath refused to pass any order on two PILs against Delhi government’s a decision and posted the matters for December 23.
“It’s premature. Why are you filing these petitions? Delhi government is discussing this with groups of people. They will implement it from January 1, 2016, on a trial basis. There is no policy/notification now. There is a proposal. You can’t use these PILs just to pressurise the government,” said the bench while adjourning the case.
Appearing for the Delhi government, advocate Rahul Mehra opposed the pleas, saying the government was discussing the issue with groups of people and the pleas should be dismissed.
One PIL was filed by advocate Shweta Kapoor and the other by Sarvesh Singh.
One of the PILs said the government announced its plan to restrict the number of cars on roads without first conducting a public debate and a study of the pros and cons of a system based on whether the registration number of a motor vehicle ends in an even or odd digit.
It said the decision was taken without considering the disturbing effect it would have on the public at large.
To bring down the increasing air pollution level in the national capital, the Delhi government has decided that from January 1 private vehicles would be allowed to run on the streets on alternate dates depending on whether their licence plates end in odd or even numbers.
The plea said the government had not taken into consideration that there was a principle of ‘public will’ under the democratic system of governance and the same could be taken away by issuing such directions and restrictions.
It also raised the question of women’s safety, saying the government had not been able to provide a safe public transport to women and that the decision was “unreasonable and arbitrary”.
“The women who have always felt unsafe in this city feel safe driving their own vehicles back from their workplace after sundown or even late at night or engaging their own drivers where they have the paying capacity, but now they will have to face the horrors on alternate days,” said the plea.
It said the government had also ignored the differently-abled who used modified private vehicles and under no circumstance they would be able to commute by public transport. The plea also said that curtailing the movement of citizens on the basis of the registration number of their vehicles would also leave several citizens stranded on every alternate day.
“Curtailing the constitutional rights of the citizens by following unreasonable and arbitrary measures is only going to add to the chaos and shall not actually uproot the actual causes of pollution from the city which include pollution dust, entry of trucks inside the city of Delhi and traditional ways of waste disposal in the city,” it added.(IANS)
Cases of sexual violence, including rape, fall within the larger realm of domestic violence
Marital rape is yet to be categorized as a criminal offence in India
According to the central government, criminalizing marital rape “may destabilize the institution of marriage”
New Delhi, September 2, 2017 : Baby works as a domestic help; she says she cannot recall her age when her parents married her off to a man who was much older to her; a man she barely knew. She didn’t anticipate her husband would demand to have intercourse on their wedding night. She was still young and not ready, but that didn’t stop him. Baby was raped by her husband on her wedding night. But marital rape means nothing to her.
Sunita irons clothes for a living. She says has been married for more years than she can remember. The duo has four kids together, but that doesn’t stop her husband from raising a hand or two on her, every once in a while. Every night, her husband would get drunk, hit her and forcefully demand to have sex, paying no heed to her resistance. Sunita has three daughters, and a son, and the husband still wants to have progenies. “I told my mother that this man has raped me multiple times. She protested, arguing that he is ‘your husband’ after all,” she said.
But did she never decide to approach the authorities?
To this, Sunita promptly replied, “I once had a sore eye after he (the husband) hit me with his shoe when I refused to have sex. I went to the local hospital and then the police. I narrated the entire scene; they were very considerate, offered me water and then asked me to go home and ‘adjust’.”
Sunita is unaware of a term called ‘marital rape’.
This is the reality of a huge part of the society in real India.
Like Baby and Sunita, women who suffer such indignities are often asked to “adjust” with perpetrators of violence because of a deep –embedded fear of what the society would say. This notion of an ‘ideal woman’ impedes women to object to illicit treatment meted out by their ‘better halves’.
The debate around the issue has become ripe once again with the Central Government stating that what “may appear to be marital rape” to a wife “may not appear so to others”. In an affidavit to the Delhi High Court, the central government took a stand against criminalizing marital rape saying that it “may destabilize the institution of marriage” and also become easy tool for harass the husbands and the in-laws.
Rape is defined in Section 375 of the Indian Penal Code, but with an irregularity: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”
While rape is addressed as perforation without a woman’s accord in its main clause, the only remedy to forced intercourse provided to ‘married’ woman is specified under Section 498-A of the IPC and the civil provisions of the Protection of Women from Domestiic Violence Act.
Following the horrific 2012 Nirbhaya rape case that brought the entire world to a standstill, the Indian media has given paramount coverage to instances of rape across the country. But even after 5 years of the gut-wrenching incident, there seems no end to this crime.
Cases of sexual violence, including rape, fall within the larger realm of domestic violence. However, rape by husbands within holy matrimony continues to remain an obscure subject in India and the exact number of cases is hard to gauge.
According to a 2015 report by National Crime Record Bureau (NCRB) tracing the proximity of offenders to the victims of sexual violence, it was revealed that in 95 per cent of all rapes, the offenders were familiar to the survivors. These, presumably include acquaintances, friends, relatives and colleagues.
And what about rape committed by husbands?
In light of the debate over marital rape, a reminder: if you actually ask women, almost all the sexual violence they face is from husbands pic.twitter.com/BRVXk0cbbJ
These cases continue to be an under-reported crime in India. This can be attributed to two major reasons,
Because of the stigma associated with it
Because of the presence of a defunct justice system
Furthermore, more often than not, these cases go missing because of several additional (and unnecessary) barriers stemming from a combination of familial and/or social power structures, shame and dependency.
Marital Rape In India
While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India.
A United Nations’ report titled ‘Why do some men use violence against women and how can we prevent it?’ published in 2013 disclosed that nearly a quarter of 10,000 men in Asia-Pacific region, including India, admitted to have indulged in the rape of a female partner. The report traced their rationale to a deep-embedded belief that they are entitled to sex despite the consent of their partners.
The study also revealed that the majority of these instances were not reported and the perpetrators faced no legal consequences.
In 2014, United Nations Population Fund (UNFPA), in association with International Centre for Research on Women (ICRW) brought out a report titled ‘Masculinity, Intimate Partner Violence and Son Preference in India’. Among other things, the report analyzed the average Indian male’s understanding and interpretation of the idea of ‘masculinity’ and how that molds their interactions with women.
Not surprisingly, the study revealed that a typical man in the Indian society associated the attributes ‘tough’, and ‘controlling’ with masculinity.
Segments of the present day Indian society continue to look at men as tough forces, who can (must) freely exercise their privilege to establish rule in personal relationships and above all, continue to control women.
Additionally, the study also revealed that 60 per cent of the Indian men disclosed the use of physical violence to establish authority.
In India, stiff patriarchal norms continue to tilt the gender balance firmly in the favor of men, as a result of which, women are forced to internalize male dominance in their lives.
Marital Rape in India : A Legal Perspective
Section 375 essentially distinguishes between two categories of women
Much to the Indian society’s disappointment, the Indian legal system denies protection from rape to the married woman. This creates discrimination as the women belonging to one section are denied justice merely by virtue of being married.
But can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman? Is it justified to discriminate a woman just because she is married to the man who has raped her?
The Debate Around Marital Rape In India
Despite the piquant situation, the issue raised furor when Minister of State for Home, Haribhai Parathibhai Chaudhary told the Parliament that the question of criminalizing marital rape in India has no relevance “as marriage is treated as sacred here.”
Does marriage being a sacrament provide one with the legal right to rape a woman?
South Asia director at Human Rights Watch Meenakshi Ganguly had retaliated saying that it is particularly concerning when a government that claims to secure the safety of women inside and outside national territory shamelessly turn to justify a crime in the name of culture and tradition.
India can learn something from its neighbours. Nepal has laws against marital rape, so does Bhutan
Group director of social and economic development at the International Centre for Research on Women (ICRW) Priya Nanda asserted in an interview with a leading portal that “the reason men don’t want to criminalize marital rape is because they don’t want to give a woman the power to say no.”
In 2013, a three-member commission headed by Justice J.S. Verma suggested remedial measures to combat sexual violence in India, following the 2012 Nirbhaya rape case. One of its recommendations was the criminalization of marital rape.
The recommendation was ignored by the government as a large amount of people questioned its efficiency saying if made a crime,
It might be misused by people
It will be difficult to prove
It might break up marriages
But, how fair is it to not have a law against marital rape, only because of the reason that it is ‘difficult to prove’?
In a broader understanding, it needs to be understood that the criminalization of marital rape must not be viewed as a step against men or the institution of matrimony, but as an attempt to demolish the patriarchal system that continues to clutch the Indian society.
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