To
Her Excellency Smt Droupadi Murmu
The President of India,
Rashtrapati Bhavan New Delhi – 110 004

Your Excellency Please
Madam

1. As concerned citizen of this Country and mother/sister whose brother was/is embroiled in matrimonial litigation I hereby request your kind attention to way things are proceeding in Public Interest Litigation filed in Hon’ble Supreme Court of India in case of C.A. No. 004926/2022 Registered on 26-07-2022 titled as ALL INDIA DEMOCRATIC WOMENS ASSOCIATION (AIDWA) vs. UNION OF INDIA which is appeal against decision of HIGH COURT OF DELHI AT NEW DELHI in case of WP(C)-284-2015 which calls for criminalisation of marital rape by removing exception 2 to section 375 of IPC-1860.

2. That the way things are proceeding in same case the undersigned a layperson has good cause to believe that there is fair chance of judgement being passed without taking in consideration the factual complications of the said matter.

3. That the reason for concern are that the case is being proceeded in Supreme Court of India without giving any fair representation and voice to place on record concerns of the mother and sisters of would be husband and the
Solicitor General who representing the Union Government has not taken any concrete stand to protect interest of the mother and sisters of would be husband.

4. That the Union Government has bowed down to pressure of certain organisations who claims to be representing interests of women but in fact do not represent women but are using women’s rights as tool to destroy families and civilisation of the country and that the Union Government has failed to take any concrete stand in this case and to protect interests of mothers and sisters of husbands

5. That if the union government bows to pressure of these vested interest groups and does not present proper fact and result of it Supreme Courts passes judgement criminalising Marital Rape then its consequences would that husbands would be sent to jail without trial and even bail would be denied to them resulting in flooding of under trials in various jails of the country and given the present state of law post changes in year 2013 and 2018 and even mothers and sisters would implicated as facilitator in charge of gang rape and imprisoned without trial for years just on mere word of vengeful words of wife who has some dispute with her husband .

6. That it is observed that all laws made to protect wives have been abused left and right and grossly abused and more women have arrested from year 1984 till 2014 spent time as under trial than no of women arrested during entire 200 years of British Rule which can be gauged from NCRB data.

7. That the present rape law which requires the victim’s testimony be taken as evidence entirely and gives power of arrest to the police at the request of the victim and this means that no investigation or evidence is required prior to the arrest. Based on this flawed premise, the present rape inevitably falls short on various fronts, with enormous consequences for those who get trapped by it and by bringing it into husband wife relations is going to be recipe for disaster and result of which many innocent women who are
Mother and Sister of Husband would face arrest and imprisonment as under trial without chance of securing bail given fact that rape is treated as heinous offence and bail is rarely granted to rape accused.

8. That in matter of relations to bedroom it cannot be stated who is doing wrong and right i.e. husband and wife and present law rape law which requires the victim’s testimony be taken as evidence entirely and gives power of arrest to the police at the request of the victim is going to be misused on vast scale and false implications of many innocent women who are Mother and Sister of Husband which would break social harmony in society and nation on vertical basis.

9. That we the would be victims of proposed law have valid reason to fear that two of the judges hearing the present case for criminalisation of marital rape as Justice Dr. D.Y. Chandrachud The Chief Justice of India and Justice J.B. Pardiwala are completely biased and opinionated as both of them have already expressed the view on need to criminalise marital and cannot do free and fair adjudication in this matter and protect the concerns of other side who have constitutional right to life guaranteed by Article 21 of Constitution of India.

10. Madam you have expressed grave concern about plight of languishing of under trials in various jails in country and steps needed to rectify the situation and hence we are writing to you that any criminalisation of marital rape by Supreme Court would increase the no of under trials by leap and bound which would include women who will be mother and sister of husband.

11. That since your constitutional head of Nations we seek your kind interventions and pray for following reliefs

1) Direct the Union Government to ask Solicitor General to file proper reply and protect interest of mother and sister who will face brunt of law.

2) Direct all the concerned departments of Union Government to fill proper reply and take proper stand to preserve institution of family and culture of country

3) Direct the Hon’ble Chief Justice of India on administrative side to constitute larger bench of minimum 7(Seven) judges to adjudicate the case mentioned in this representation.

4) Direct the Hon’ble Chief Justice of India on administrative side that Justice Dr. D.Y. Chandrachud The Chief Justice of India and Justice J.B. Pardiwala and Justice Hima Kohli recuse themselves from Bench formed for hearing the case mentioned in representation as all these judges have conflict of interest as have already expressed their opinion on subject of this case previously.

12. Madam your urgent and express intervention is required to preserve institution of family and avoid increase in no under trial prisoners

Thanking you
Yours Faithfully