Delhi High Court delivers split verdict on marital rape
While Justice Rajiv Shakdher held that Exception 2 to Section 375 IPC was unconstitutional, Justice Hari Shankar disagreed with him and upheld it
FollowThe Delhi High Court on Wednesday delivered a split verdict on marital rape. While Justice Rajiv Shakdher held that Exception 2 to Section 375 IPC was unconstitutional, Justice Hari Shankar disagreed with him and upheld it.
The split verdict by the division bench came following a hearing on a batch of petitions seeking to criminalise marital rape.Â
Exception 2 of the Indian Penal Code Section 375 (rape) does not view forcible sexual intercourse between a man and his wife, who is above the age of 15, as rape. In a nutshell, Exception 2 of Section 375 decriminalises marital rape or implies that forced sexual intercourse between a man and his wife in a marriage is not rape.
The petitioners had approached the court seeking the striking down of the Exception 2 clause. Alleging that the clause infringed upon a woman's right to dignity, the petitioners contended that the law was also in violation of her right to privacy, choice and physical autonomy. To note, these rights have been acknowledged by the Supreme Court in its right to privacy verdict.
The Centre, on its part, had filed an affidavit in 2017 taking on the petitioners' arguments. The Centre claims that making marital rape a criminal offence could lead to harassment of husbands and more importantly 'destabilise the institution of marriage. However, five years later, the government withdrew its stand and sought time from the court.Â
