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‘Most underrated concepts in our society’: Rahul on ‘consent’ in marital rape

Congress leader Rahul Gandhi's tweet comes after the Union government recently informed the Delhi high court that marital rape cannot be made into a criminal offence in India until the Centre's consultations with all stakeholders end.

Published on: Jan 16, 2022, 22:21:04 IST
Written by | Edited by , Hindustan Times, New Delhi
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Congress leader Rahul Gandhi on Sunday took to Twitter to share a thought on marital rape. He wrote consent is among the most “underrate concepts in our society” and that it must be “foregrounded” in order to ensure women's safety in the country.

Congress leader Rahul Gandhi. (HT File)
Congress leader Rahul Gandhi. (HT File)

“Consent is amongst the most underrated concepts in our society. It has to be foregrounded to ensure safety for women,” Rahul tweeted.

The Congress leader's tweet comes in the aftermath of the Bharatiya Janata Party (BJP)-led Centre informing the Delhi high court recently that marital rape cannot be made into a criminal offence until the Union government's consultation with all stakeholders is finished.

In a fresh affidavit filed on Thursday, the Centre stuck to its earlier stance of examining the broad changes in the criminal law of the country, adding that petitioners can also make suggestions to the authorities.

Also Read | Sex between married couple not marital rape even if by force: Chhattisgarh HC

Referring to the parliamentary standing panel reports in 2008 and 2010, the Centre argued that the requirement is to overhaul the criminal laws instead of bringing about “piecemeal changes” in any particular legislation.

The affidavit came at a time voices for criminalising marital rape are rising across the country.

In December last year, the Gujarat high court said that it's “high time” the constitutional validity of the exception given to marital rape in the Indian Penal Code (IPC) is considered.

Notably, Exception 2 to Section 375 (rape) of the IPC states that sexual intercourse or sexual acts by a man with his wife is not ‘rape’.

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