Marital rape: Delhi HC split verdict challenged with plea in Supreme Court

A plea has been filed in the Supreme Court against the Delhi High Court`s split verdict on criminalization of marital rape.

New Delhi: A plea in the Supreme Court has been filed in an attempt to challenge the Delhi High Court's split verdict on whether to criminalise marital rape. The split verdict on the issue was announced on May 11 with Justice Rajiv Shakdher, who headed the division bench, in favour of criminalising marital rape and Justice C Hari Shankar holding a contrary view and observing that the exception under the IPC is not “unconstitutional and was based on an intelligible differentia”, PTI reported. 

Originally, the petitioners had challenged the constitutionality of the marital rape exception under Section 375 IPC (rape)-- which states sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape–  arguing that it discriminates against married women whose husbands sexually assault them.

Earlier in February, the Central government had sought more time from the court to put out its stand on the issue following a consultative process. The Delhi High court had rejected the request, stating that it was impossible to endlessly defer an ongoing matter.

Notably, in its 2017 affidavit, the Centre had opposed the pleas, saying that marital rape cannot be made a criminal offence as it could become a phenomenon that may destabilise the institution of marriage and lead to easy harassment of husbands.

(With angecy inputs)