SEX WITHOUT WIFE'S CONSENT IS RAPE: SC

May 3, 2002 – (Kathmandu Post) In a landmark verdict, the Supreme Court today interpreted sexual intercourse between a husband and wife without consent of the wife as a crime equal to rape. The crime is equal to raping other women and is punishable by law.

Announcing its verdict, the Supreme Court justice Laxman Aryal declared the unit in the civil code (Mulki Ain) dealing with rape as ultra vires and termed it unconstitutional and discriminatory against women. Other justices in the apex bench included justices Kedar Prasad Upadhyay and Krishna Kumar Verma.

Aside this, the court also ordered that rape to a prostitute, which was earlier punishable with a fine of Rs 500 or a year's sentence, be amended as crucial as marital rape.

It has also issued a directive to parliament asking the legislature to amend all the laws relating to rape (such as Clause 8 of the Chapter of the Country Code, which provides for right to self defence in case of rape or attempt to rape and also Clause 10 of the Chapter of the Country Code, which provides for compensation to the victims).

The writ was filed by the Forum for Women Law and Development (FWLD), a non-governmental organisation.

The civil code deems as rape sexual intercourse with any girl, widow or married woman (someone else's wife), if below the age of sixteen, with or without consent. The perpetrators of such a crime are liable for a stricter penalty.

Again if the girl is over 16 years of age, sexual intercourse without her free will or consent in any manner with physical force, coercion or undue influence has been deemed as rape. Both cases, however, exclude marital rape.

Speaking to The Kathmandu Post, Sapana Pradhan-Malla, Co-ordinator of the FWLD said, "We have challenged the above-mentioned definition of rape as discriminatory as it does not include the rape by a husband to his own wife".

FWLD has challenged yet another discriminatory law - the Clause 7 of the Chapter on Rape, which earlier stated that raping a prostitute shall be punishable with a fine up to Rs. 500 or imprisonment of up to one year; whereas in case of rape to other women, punishment is up to five years of imprisonment.

"We have not only challenged the above-mentioned provision on rape as discriminatory against specific categories of women but also managed to increase the sentence of the rapist up to sixteen years" informed Malla.

But since it is a matter kept under the carpet by all, such experts cannot exactly say how many have such problems. But then it is very much a darker side of domestic violence, they say. "This is a big victory for all women in our country, who go through such trauma every day in their homes, " an ecstatic Malla added.

From: http://www.mahilaweb.org/footer/news/may_02/kathmandu_post.htm