Delhi High Court delivers split verdict on marital rape
Delhi High Court delivers split verdict on marital rape
The Delhi High Court on May 11 delivered a split verdict on the issue of criminalising marital rape. Justice Rajiv Shakdher struck down Exception 2 of Section 375 Indian Penal Code (IPC), which decriminalises marital rape. On the other hand, Justice C. Hari Shankar upheld the validity of the controversial provision in rape law, saying it was based on “intelligible differentia”.
In view of the split verdict, the High Court has permitted the parties involved in the case to approach the Supreme Court over the issue. In India, marital rape is not defined in any statute or law. The petitioners, NGO RIT Foundation, All India Democratic Women’s Association and a marital rape victim, had challenged as unconstitutional an exception to Section 375 of the IPC, which defines rape.
The exception says sexual intercourse by a man with his wife aged 15 years or above is not rape even if it is without her consent. In October 2017, the Supreme Court increased it to 18 years.
NGO Men Welfare Trust (MWT), which is opposing the batch of petitions seeking criminalisation of marital rape, had argued that sexual intercourse between a husband and wife cannot be treated at a par with that in non-marital relationships as the issue of consent cannot be divorced from the context of a marriage.
While the first petition in the case was filed in 2015, the day-to-day hearing commenced in January this year after one of the petitioners mentioned the matter for final hearing.
The Centre had earlier in an affidavit, filed in 2017, said that criminalising marital rape “may destabilise the institution of marriage” and would become an easy tool for harassing husbands.
However, in an additional affidavit, filed earlier this year, the Centre said it could assist the High Court “only after a consultative process is undertaken by the Central government with all stakeholders, including the State governments”. The Centre had stated that the “absence of any such consultative process by the executive/ legislature may result in some injustice to one section or the other”.
Solicitor-General Tushar Mehta had argued that a “holistic view” had to be taken on the issue as it involved a sensitive socio-legal issue. The Centre urged the High Court to defer the ongoing proceedings, challenging the provision in law that makes an exception for marital rape, until it carried out a consultation process with all stakeholders, including all State governments.
The court had, however, said that this was an aspect it would examine as and when it rendered a judgment in the matter. The Delhi government had, through its counsel Nandita Rao, also argued that creation of marital rape as an offence by court would be violative of Article 20 of the Constitution, as it was the prerogative of the legislature.
Rao had said there was no need to interfere with the current law as sexual abuse was already an offence under the domestic violence law. Rao said that sexual abuse was an offence under Section 498A of the Indian Penal Code, which deals with a husband subjecting a wife to cruelty. She had said quashing the exception would be giving primacy to women who had suffered sexual abuse at the hands of their husbands as compared to those who had been subjected to mental harassment.
Please note that under 66A of the IT Act, sending offensive or menacing messages through electronic communication service and sending false messages to cheat, mislead or deceive people or to cause annoyance to them is punishable. It is obligatory on kemmannu.com to provide the IP address and other details of senders of such comments, to the authority concerned upon request. Hence, sending offensive comments using kemmannu.com will be purely at your own risk, and in no way will Kemmannu.com be held responsible.
Similarly, Kemmannu.com reserves the right to edit / block / delete the messages without notice any content received from readers.
Inter Parish Football Tounament on 29th May at Milagres Ground.

Final Journey Of Mark Martis (63 Years) | LIVE from Shankarpura

Final Journey Of Robert William Aranha (57 Years) | LIVE from Moodubelle

Final Journey Of Rocky D’silva (60 Years) | LIVE from Mukamar
1.webp)
Final Journey Of Clement Fernandes ( 56 Years ) | LIVE from Thottam

Fr. Harold Pereira 27th Priesthood Day Celebration in Kemmannu

Milarchi Lara Souvenir - Ester Issue, April 2022

FERNANDES GROUP inaugurates its Overseas office at Deira, Dubai, UAE

Radhakrishna computers under Navodaya education Trust (R) in Kemmannu.

Sites for Sale in Santhekatte, Thottam, Alevoor and many other places, Please contact...

Land for sale in Kemmannu

Milarchi Lara - Milagres Cathedral - January 2022

Land/Houses for Sale in Kaup, Manipal, Kallianpur, Santhekatte, Uppor, Nejar, Kemmannu, Malpe, Ambalpady.

Choice Furniture vast household showroom opens at Santhekatte, Kallianpur

Focus Studio, Near Hotel Kidiyoor, Udupi


K Live Streaming

Kemmannu Channel -YouTube Click Here

Click here for Kemmannu Knn Facebook Link
Sponsored Albums
Exclusive
Sastan St. Thomas Church ready for Inauguration Today - St. Thomas the Apostle of India.

Stone inscriptions of Vijayanagara King Immadi Devaraya found at Kemmannu

FERNANDES GROUP inaugurates its Overseas office at Deira, Dubai, UAE

KEMMANNU UTSAV 2022 - A perfect family entertainer to celebrate & conclude the parish feast….

Thonse Health Centre chairman BM Zaffer gets Indian Achievers’ Award 2021

Vehicular Overpass at Santhekatte junction : Public meeting held.
‘Old Man’s Club’ – A collection of 25 selected hilarious articles by Joe Quadrus, released in Udupi…..

Udupi: Increasing Traffic at Kallianpura Santhekatte Junction - ’Nightmare to commuters’ [Video]

MONTHI FESTH at the door steps, A FLASHBACK, TRANSITION & THE CURRENT SCENARIO….
