supreme court: Delhi High Court delivers split verdict on marital rape, refers matter to Supreme Court | India News

NEW DELHI: The Delhi Supreme Court on Wednesday delivered a split judgment on the issue of criminalization’rape in marriage‘.
Justice Rajiv Shakdher and Justice Hari Shankar issued a certificate to appeal Supreme Courtsays that important questions about the law are related to the matter.
Justice Rajiv Shakdher considered Exception 2 of Section 375 of the Indian Penal Code, which exempts a husband from rape for forcing sex on his wife, to be unconstitutional.
Meanwhile, Justice Hari Shankar said he disagreed with Justice Shakdher and argued that Exception 2 to Section 375 of the IPC does not violate the Constitution.
A bench of judges Rajiv Shakdher and C Hari Shankar reserved their ruling on February 21 on petitions to abrogate exceptions granted to husbands under India’s rape law after proceeding. marathon hearings on the matter.
Justice Shakdher emphasizes that when a girlfriend or life partner says “no,” it is a crime to forcibly have sex. “Relationships cannot put it on another pedestal. A woman is still a woman,” he pointed out.
Justice Hari Shankar, however, highlighted “substance differences” in the sexual equation between those who are married and between those who are not. He pointed out that “there is a right to expect sex from both parties in marriage, but no such right when the parties are not married” and questioned the “overemphasis” on consent. of the wife- appointed amicus.
In February, the court gave the Center two weeks to take a stance on a series of petitions seeking the criminalization of marital rape. However, the Center has requested a halt to the hearings, saying that it has sent a notice to all states and Union Territories, seeking their opinions on the matter and urging the court adjourns the proceedings until input is received.
However, the bench refused to stop the hearings in the absence of a timeline for when the consultations would end and continued to conclude the hearings and reserve the matter as ordered.
Court is hearing PILs filed by RIT NGO, All India Democratic Women’s Association, a man and a woman seeking to repeal exception granted to husband under rape law of India.
In its 2017 affidavit, the Center countered the call that marital rape could not be considered a criminal offense because it could become a phenomenon that could destabilize the institution of marriage and is an easy tool to harass husband.
The NGO Men’s Welfare has protested against a series of petitions calling for the criminalization of marital rape.

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