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Marital rape: Supreme Court to hear petitions arising out of Delhi HC’s bifurcation decision on September 16

Supreme Court said on Friday that it will hear on September 16 Delhi Split verdict of High Court on the issue of criminalization of marital rape.

The High Court ruled on May 11 with one judge in favor of eliminating the exception to the law that protects husbands from being prosecuted for non-consensual sex with their wives, with another ruling it unconstitutional. refused.

However, both the judges had agreed with each other to grant leave certificate to appeal in the Supreme Court in the matter as it involves important questions of law which require the decision of the apex court.

Two petitions arising out of the high court’s May 11 judgment came up for hearing on Friday before a bench of Justices Ajay Rastogi and BV Nagarathna.

Counsel for one of the appellants said that they want the apex court to decide on the important question of law involved in the matter.

The lawyer said that both the judges of the division bench of the High Court had given the leave certificate to appeal in the apex court.

“Even otherwise, the matter should be heard,” the bench said, adding another petition on the issue, which was mentioned earlier.

“Let the second case come, we will tag all of them,” the bench said. Justice Rajiv Shakdher, who headed a division bench of the High Court, favored the abolition of the exception of marital rape and said that even after 162 years of the implementation of the Indian Penal Code, a married woman’s demand for justice is not heard. That would be sad. (IPC).

Justice C Hari Shankar, who was part of the division bench of the High Court, had held that the exception under the rape law is not unconstitutional and based on a sensible distinction having a rational relationship with the object of the exception as well as Section 375 (rape). was. ) of IPC only.

The petitioners before the High Court had challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on the ground that it discriminates against married women who are sexually harassed by their husbands.

Under the exception given in section 375 of IPC, sexual intercourse or sexual act by a man with his wife, the wife is not a minor, is not rape.

The High Court’s decision came on 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.

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