Criminalising marital rape will destabilise marriage: govt

Agencies
August 29, 2017

New Delhi, Aug 29: Marital rape cannot be made a criminal offence as it could become a phenomenon which may destabilise the institution of marriage and an easy tool for harassing the husbands, government today submitted before the Delhi High Court.

The Centre, in an affidavit filed in response to pleas seeking criminalising marital rape, said the Supreme Court and various High Courts have already observed the growing misuse of section 498A (harassment caused to a married woman by her husband and in-laws) of IPC.

The reply, filed before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, also sought to implead state governments in the matter to know their opinion to avoid any complication at a later stage.

"It has to be ensured adequately that marital rape does not become a phenomenon which may destabilise the institution of marriage apart from being an easy tool for harassing the husbands," the affidavit, filed through central government standing counsel Monika Arora, said.

The government was responding to various petitions seeking declaration of Section 375 (offence of rape) of the IPC as unconstitutional on the ground that it discriminated against married women being sexually assaulted by their husbands.

During the day's hearing, senior advocate advocate Colin Gonsalves, appearing for one of the petitioners, argued that marriage cannot be viewed as giving a husband the right to coerced intercourse on demand.

He said a marriage licence cannot be viewed as licence for a husband to forcibly rape his wife with impunity and a married woman has the same right of full control over her body as an unmarried woman. He also referred to various judgments of foreign countries.
The hearing in the matter would continue tomorrow.

Marital rape (or spousal rape) is an act in which one of the spouses indulges in sexual intercourse without the consent of the other.

The Centre said in the affidavit that marital rape has not been defined in a statute or law, while the offence of rape is defined under section 375 IPC. Hence, defining marital rape would call for a broad based consensus of the society.

"What may appear to be marital rape to an individual wife, it may not appear so to others. As to what constitutes marital rape and what would constitute marital non-rape needs to be defined precisely before a view on its criminalisation is taken," it said.

It said merely deleting the exception which provides protection to husbands from prosecution for the offence of rape, may not stop marital rape. "Moral and social awareness" plays a vital role in stopping such an act, it added.

"If all sexual acts by a man with his own wife will qualify to be marital rape, then the judgment as to whether it is a marital rape or not will singularly rest with the wife.

"The question is what evidences the courts will rely upon in such circumstances, as there can be no lasting evidence in case of sexual acts between a man and his own wife," the affidavit read.

It also referred to the reports of Law Commission and Parliamentary Standing Committee on Home Affairs, saying they have examined the matter and did not recommend criminalisation of marital rape.

Citing the Justice J S Verma Committee Report on "Amendments to Criminal Law", it said it was recommended that the exception to marital rape be removed, but it also pointed out that it is also important that legal prohibition on marital rape is accompanied by changes in the attitude of the prosecutors, police officers and those in society generally.

Regarding the petitioners' submission that other countries, mostly western, have criminalised marital rape, the Centre said it does not necessarily mean India should also follow them blindly.

"This country has its own unique problems due to various factors like literacy, lack of financial empowerment of the majority of females, mindset of the society, vast diversity, poverty, etc. and these should be considered carefully before criminalising marital rape," it said.

The affidavit said that criminal law is in the Concurrent List and implemented by the states and there is a vast diversity in the cultures of these states.

The high court had earlier asked the Centre to spell out its stand on petitions seeking to make marital rape a criminal offence.

It has agreed to examine the issue raised in PILs by NGOs RIT Foundation, All India Democratic Women's Association, represented through advocate Karuna Nandy, and a man and a woman, who have sought striking down of the exception in the Indian penal law that did not consider sexual intercourse with a minor wife, above 15 years of age, as rape.

The court has also agreed to hear a plea by NGO Men Welfare Trust, representing men victimised by alleged misuse of gender laws, opposing the petitions to make marital rape a criminal offence.

Earlier, the Centre had defended its legislation, saying child marriages were taking place in India and the decision to retain a girl's minimum age as 15 years to marry was taken under the amended rape law to protect a couple against criminalisation of their sexual activity.

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coastaldigest.com news network
November 29,2025

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Mangaluru, Nov 29: Around 12,500 healthcare students from Medical, Dental, AYUSH, Pharmacy, Nursing, Physiotherapy and Allied Health Sciences colleges of Dakshina Kannada, affiliated to Rajiv Gandhi University of Health Sciences (RGUHS), took part in a massive walkathon to promote awareness on Organ Donation and Nasha Mukth Bharat.

The inaugural ceremony was held at Mangala Stadium. Dr Bhagavan B C, Hon’ble Vice-Chancellor of RGUHS, delivered the welcome address. The walkathon was flagged off by Shri U T Khader, Hon’ble Speaker of the Karnataka Legislative Assembly, and presided over by Shri Dinesh Gundu Rao, Hon’ble Minister for Health, Family Welfare and Dakshina Kannada District In-charge. Dakshina Kannada MP Shri Brijesh Chowta also addressed the students.

Music director Guru Kiran, MLA Dr Bharat Shetty (Mangalore North), Police Commissioner Shri Sudheer Kumar Reddy, Shri Manjunath Bhandary and Shri Harish Kumar were among those present.

Institution heads including Dr Haji U K Monu (Kanachur Colleges), Dr Shantharam Shetty (Tejaswini College), Dr Bhaskar Shetty (City Group of Colleges), Mr Abdul Rahiman (Kanachur Institute of Medical Sciences), and the District Health Officer, Mangalore, also participated.

The vote of thanks was delivered by Prof U T Ifthikar Fareed, Syndicate Member, RGUHS.

The event was organised by Dr U T Ifthikar Ali and Dr Shiva Sharan (Syndicate Members), Prof Vaishali (Senate Member), Prof Mohammad Suhail (Chairman, BOS Physiotherapy), Dr Sharan Shetty (Former Senate Member), along with principals and faculty of various colleges.

Students marched from Mangala Stadium to Karavali Grounds via MCC and Lalbagh signal. The event set a record as one of the largest gatherings of healthcare students for a social cause in the RGUHS Dakshina Kannada Zone.

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News Network
November 27,2025

Bengaluru, Nov 27: Karnataka Chief Minister Siddaramaiah’s camp is reportedly on alert as the Congress leadership tussle in the state intensifies, particularly amid speculation over the potential promotion of Deputy Chief Minister D.K. Shivakumar. Siddaramaiah is said to be in a “wait-and-watch” mode after admitting to “confusion” earlier this week and urging the party to “put a full stop” to it.

Sources say his supporters are ready to act if senior leaders — including party chief Mallikarjun Kharge, Sonia Gandhi, and Rahul Gandhi — give any indication of backing Shivakumar. If the party insists on a leadership change, Siddaramaiah’s camp has a list of alternatives, underscoring the deep rift between the two leaders. One possible candidate is Home Minister G. Parameshwara, a Siddaramaiah loyalist and influential Dalit leader.

The strategy was reportedly finalized at a meeting led by PWD Minister Satish Jarkiholi, another Siddaramaiah supporter, who stressed that Delhi leaders need to resolve the issue. Kharge and the Gandhis are expected to meet soon, after which Siddaramaiah and Shivakumar may be summoned to Delhi.

Shivakumar has largely stayed non-confrontational, publicly endorsing Siddaramaiah and downplaying speculation about his own ambitions. However, he has made pointed comments emphasizing the importance of honoring promises, directed at Siddaramaiah.

The feud traces back to the 2023 state election, when Siddaramaiah was chosen as Chief Minister while Shivakumar, who led the party’s campaign, was made Deputy CM and state party chief — a departure from the Congress’ usual “one post per person” rule.

There were also hints of a prior understanding that Siddaramaiah would step down midway through the term. As the halfway mark passed last week, Shivakumar-aligned lawmakers have ramped up pressure on the party for a leadership change, with Shivakumar himself hinting at stepping down as state party chief to pursue the top job.

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News Network
December 4,2025

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Angry outbursts, long queues, and desperate appeals filled airports across India today as IndiGo grappled with a severe operational breakdown. Hundreds of flights have been cancelled or delayed, leaving thousands of passengers stranded through the night and forcing many to spend long hours at helpdesks.

Social media was flooded with videos of fliers pleading for assistance, accusing the airline of misleading updates, and demanding accommodation after being stuck for 10 to 12 hours at airports such as Hyderabad and Bengaluru.

What Triggered the Meltdown?

IndiGo has attributed the widespread disruption to “a multitude of unforeseen operational challenges.” These include:

•    Minor technology glitches
•    Winter-season schedule adjustments
•    Bad weather
•    Congestion in the aviation network
•    New crew rostering rules (Flight Duty Time Limitations or FDTL)

Among these, the most disruptive has been the implementation of the updated FDTL norms introduced by the Directorate General of Civil Aviation (DGCA) in January 2024.

These rules were designed to reduce pilot fatigue and improve passenger safety. Key changes include:

•    Longer weekly rest periods for flight crew
•    A revised definition of “night,” extending it by an extra hour
•    Tighter caps on flight duty timing and night landings
•    Cutting night shifts for pilots and crew from six per roster cycle to just two

Once these norms became fully enforceable, airlines were required to overhaul rosters well in advance. For IndiGo, this triggered a sudden shortage of crew available for duty, leading to cascading delays and cancellations.

Why IndiGo Was Hit the Hardest

IndiGo is India’s largest airline by a wide margin, operating over 2,200 flights daily. That’s roughly double the number operated by Air India.

When an airline of this size experiences even a 10–20% disruption, it translates to 200–400 flights being delayed or grounded — producing massive spillover effects across the country.

IndiGo also relies heavily on high-frequency overnight operations, a model typical of low-cost carriers that aim to maximise aircraft utilisation and reduce downtime. The stricter FDTL norms clash with these overnight-heavy schedules, forcing the airline to pull back services.

Aviation bodies have also criticised IndiGo’s preparedness. The Airline Pilots' Association of India (ALPA) said airlines were given a two-year window to plan for the new rules but “started preparing rather late.” IndiGo, it said, failed to rebuild crew rosters 15 days in advance as required.

The Federation of Indian Pilots (FIP) went further, calling the crisis the result of IndiGo’s “prolonged and unorthodox lean manpower strategy,” and alleging that the airline adopted a hiring freeze even as it knew the new rules would require more careful staffing.

How Many Flights Are Affected?

In the past 48 hours, over 300 flights have been cancelled. At least 100 more are expected to be cancelled today.

City-wise impact:

•    Hyderabad: 33 expected cancellations; several fliers stranded overnight
•    Bengaluru: over 70 expected cancellations
•    Delhi, Mumbai, Chennai, Kolkata: widespread delays and missed connections

Passengers shared distressing accounts online.

One customer at Hyderabad airport said they waited from 6 PM to 9 AM with “no action taken” regarding their delayed Pune flight. Another said IndiGo repeatedly told them the crew was “arriving soon,” only for the delay to stretch over 12 hours.

IndiGo has apologised for the disruption and promised that operations will stabilise within 48 hours, adding that “calibrated adjustments” are being made to contain the chaos.

What Should Passengers Do Now?

For those flying in the next few days, especially with IndiGo, here are key precautions:

1. Keep Checking Flight Status
Monitor your flight closely before leaving for the airport, as delays may be announced last-minute.

2. Arrive Early
Expect long queues at counters and security due to crowding and rescheduling.

3. Carry Essentials
Pack snacks, water, basic medicines, chargers, and items for children or senior citizens. Extended waiting times should be anticipated.

4. Use Flexible Booking Options
If you booked tickets with a free-date-change or cancellation option, consider using them.
If you haven’t booked yet, prefer refundable or flexible fares, or even consider alternate airlines.

5. Follow IndiGo’s Updates
Keep an eye on IndiGo’s official social media channels and contact customer support for rebooking and refund queries.

What Needs to Change?

Pilot groups have raised concerns not just about staffing but also the planning practices behind it.
The Federation of Indian Pilots accused IndiGo of:

•    Imposing an unexplained hiring freeze despite knowing the FDTL changes were coming
•    Entering non-poaching agreements that limited talent movement
•    Keeping pilot pay frozen
•    Underestimating the need to restructure operations in advance

They have urged DGCA to approve seasonal schedules only after airlines prove they have adequate pilot strength under the new norms.

ALPA also warned that some airlines might be using the delays as an “immature pressure tactic” to push DGCA for relaxations in the new rules — which, if granted, could compromise the very safety standards the norms were meant to protect.

Both pilot bodies stressed that no exemption should dilute safety, and any deviations should be based solely on scientific risk assessment.

Is a Solution in Sight?

While IndiGo says normalcy will return within two days, aviation experts believe that fully stabilising operations could take longer, depending on how quickly the airline can:
•    Re-align rosters
•    Mobilise rested crew
•    Boost staffing
•    Adjust its winter schedule to match regulatory requirements
Passengers are advised to remain prepared for continued delays over the next few days as the airline works through its backlog. 

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