justice Rajeev Shakdher Exception 2 to Section 375 (rape) of the Indian Penal Code, which exempts a husband from the offense of rape, for forcible sex with his wife.
Meanwhile, Justice Hari Shankar He said that he did not agree with Justice Shakdher and said that exception 2 of Section 375 of the IPC does not violate the Constitution.
Under the exception provided in section 375 of the IPC, having sex or performing sexual act by a man with his wife, the wife is not a minor, is not rape.
Judges have given a certificate to appeal Supreme courtSaying that important questions of law are involved in this case.
The petitioners had challenged the constitutionality of the marital rape exception under Section 375 on the ground that it discriminates against married women who are sexually harassed by their husbands.
A bench of Justice Shakadher and Justice Hari Shankar had on February 21 reserved its verdict on the petitions seeking to do away with the exemption given to husbands under the Indian rape law after a marathon hearing on the issue.
Justice Shakdher had emphasized that when a girlfriend or live-in partner says “no”, then it is an offense to have sex forcibly. “The relationship cannot keep it at a different level. A woman remains a woman,” he had pointed out.
However, Justice Hari Shankar had pointed out the “qualitative difference” in the sexual equation between those who had married each other and those who were not. He pointed out that “there is a right to expect sexual relations from both parties in marriage, but there is no such right if the parties are not married” and questioned the court’s “too much emphasis” on the consent of the wife. Was- appointed amicus curiae.
In February, the court had given the Center two weeks to take its stand on a batch of petitions seeking criminalization of marital rape. However, the Center sought adjournment of the hearing, saying it sent a message to all the states and union territories for their comments on the issue and requested the court to adjourn the proceedings till the inputs were received. Let it be done.
The bench, however, refused to stay the hearing for want of time-limit till the consultation would be over and proceeded to conclude the hearing and reserve the matter for orders.
The court was hearing a PIL filed by NGO RIT Foundation, All India Democratic Women’s Association, a man and a woman, seeking to do away with the exception given to husbands under the Indian rape law.
In its 2017 affidavit, the Center had opposed the submissions that marital rape cannot be made a criminal offense as it can become an incident which can destabilize the institution of marriage and cause harassment to husbands. can become an easy tool.
The NGO Men’s Welfare Trust opposed the batch of petitions seeking criminalization of marital rape.
watch Marital rape: Delhi High Court gave a fractured verdict, referred the matter to the Supreme Court