We are an impleaded Respondent Intervenor in the Public Interest Litigation (PIL) filed under the title, “RIT Foundation vs Union of India” in the Hon’ble Delhi High Court – WP(C) 284 of 2015.
The Petitioners prayer includes:
- Removal of Exception 2 in IPC 375 which excludes Husband being covered under the offence of Rape.
- Punishment under IPC 376B (Separated Husband) to be same as IPC 376 – Prayer from clubbed PILs.
Men Welfare Trust, through it’s President and Vice-President were appearing Party-in-Person since 2017 till 2022. 2022 is when Advocate J Sai Deepak agreed to come on board as arguing counsel in January 2022.
Below are the various submissions done by Men Welfare Trust to the Hon’ble Delhi High Court in the same regard i.e.:
- Copy of the Intervention Application (filed in 2017)
- Copy of Written Submissions (filed in 2018)
- Copy of Summary Note (filed in 2022)
- Copy of Final Written Submissions (filed in 2022)
Summary of Submission:
- It is reiterated that the Intervenor is not opposed to recognition of spousal sexual violence.
- Inadequacy or perceived inadequacy is a matter of legislative policy and not a ground for constitutional challenge.
- Our position is that spousal sexual violence is already criminalised against Indian Husbands via IPC 498A, Domestic Violence Act, but the same is not criminalised when a wife is the perpetrator. The current IPC 375 (Rape Law) doesn’t even recognise rape of a man by a woman.
- It is our position that it is possible to protect individual dignity and the institution of marriage, without sacrificing one for the other.
- Finally, a gender-neutral approach to such issues would be necessary in the interest of justice. Law must protect every citizen of India, irrespective of their gender, as per The Constitution of India under Article 14 & Article 15.