Criminalisation of marital rape: Delhi HC verdict split, matter to be heard by Supreme Court

Mangalore Today News Network

New Delhi, May 11, 2022: Delivering a 1:1 split verdict on the issue of criminalisation of marital rape, the Delhi High Court on Wednesday, May 11, said that the matter will have to be considered by the Supreme court of India.

 

The two-judge bench of justices Rajiv Shakdher and C Harishanker gave dissenting opinions on the issue of whether the exception granted to the sexual acts done by a husband on his wife can be considered valid under the Constitution.

The court has now granted leave to appeal before the Supreme Court and noted that at least two other high courts have given their opinion on this issue.

Reading out his conclusions, Justice Rajiv Shakdher held: "The impugned provisions insofar as they concern the husband having sexual intercourse with the wife are violative of articles 14, 19, 21 and therefore struck down."

In contrast, Justice Harishanker noted that the exception was "based on intelligible criteria" and could not be said to violate the right to equality, freedom or right to life.

Both judges also noted that the issue involves a "substantial question of law" and therefore would have to be considered by the Supreme court.

The high court has granted leave to appeal before the Supreme court, which means that the petitioners and the central government are both free to approach the apex court on the issue.

Courtesy: India Today