498A IPC already Addresses Marital Rape so why create an additional offence?
In response to PIL on the issue of marital rape filed in Delhi High Court, Delhi Govt. has replied that it is already recognised as cruelty under law and as such, is an offence under section 498A of IPC.and FIRs are also being registered against the accused. Moreover, marital rape also been given a broader definition more akin to 498A IPC under the Domestic Violence Act.
Delhi Govt has pointed out that marital rape is one of the grounds of cruelty for divorce under the personal law and there’s no need to create a new offence as enough safeguards in the form of criminal and personal laws exist to ensure that a wife isn’t forced to stay with an abusive husband.
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