Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Marital Rape: NGO Seeks Intervention in Supreme Court

Marital Rape: NGO Seeks Intervention in Supreme Court 


Introduction

The debate around marital rape continues to intensify as the Justice for Rights Foundation, a non-governmental organization, files an application in the Supreme Court of India. The NGO expresses concerns over the potential misuse of laws if marital rape were to be criminalized, arguing that existing legal provisions already protect women from abuse within marriage.


Concerns Over Legal Misuse

In their application, the NGO cites Section 498A of the Indian Penal Code, which has been widely criticized for its potential misuse. They argue that criminalizing marital rape could create an additional tool for malicious prosecution, which could have severe implications for innocent husbands. The application states:  

> "Accusations of rape carry a severe social stigma, and false allegations could irreparably harm the reputation and lives of innocent husbands."


Existing Protections

The Justice for Rights Foundation contends that there are already sufficient laws in place to protect women from atrocities within the marital home. They point to existing legislation, such as the Protection of Women from Domestic Violence Act, 2005, which offers both civil and criminal remedies for abuse, making the criminalization of marital rape unnecessary.


Sanctity of Marriage

The NGO emphasizes the need to maintain the sanctity of marriage, arguing that criminalizing marital rape could disrupt the privacy and intimacy that are essential to marital relationships. They argue that such a move could undermine existing mediation and reconciliation processes in marital disputes.


Call for Procedural Safeguards

If the Supreme Court decides to strike down the marital rape exception, the Justice for Rights Foundation requests that it issue guidelines to safeguard the interests of all parties involved. These guidelines could include measures to protect the identity of the accused, ensure compliance with arrest procedures, and promote mediation in cases of marital conflict.


The Petitioner’s Stand

The All India Democratic Women’s Association (AIDWA) is also actively involved in this legal battle, challenging Exception 2 of Section 375 of the Indian Penal Code, which currently protects husbands from prosecution in cases of forced sexual intercourse with their wives. During the hearing, Senior Advocate Karuna Nundy highlighted that this case is about “people versus patriarchy,” emphasizing the need for women’s autonomy within marriage.


The Center's Affidavit

The Indian government, in its recent affidavit, argued against the criminalization of marital rape, citing that it could severely impact conjugal relationships and disturb the institution of marriage. They emphasized the need for a comprehensive approach to the issue rather than a purely legal one, cautioning that misuse of provisions could occur, complicating the ability to prove consent.


Conclusion

As the Supreme Court hears arguments regarding the marital rape exception, the tension between protecting women's rights and ensuring fair legal processes for all parties continues to shape the discourse. The outcome of this case could have significant implications for marital law and gender equality in India.

Location: Pune, Maharashtra, India

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