Delhi HC delivers split verdict on criminalisation of marital rape

New Delhi: The Delhi High Court on Wednesday gave a split verdict over marital rape, with one judge ruling that a penal provision exempting the husband from the offence of forced sex with his wife as unconstitutional while another judge disagreed. 

Petitions were filed in the court by the RIT Foundation, All India Demoractic Women's Association and marital rape survivor Khushboo Saifi favouring criminalisation of marital rape. Men's groups also filed petitions saying making it a criminal offence would lead to its misuse.

Section 375 of the Indian Penal Code de-criminalises marital rape or mandates that forced sexual intercourse by a man with his wife after marriage is not rape.

The Central government submitted that marital rape cannot be criminalised as it would have a negative impact on Indian society. Women petitioners contended that the exception violates the right to dignity of women and her right to privacy, choice and bodily autonomy as recognised by the Supreme Court.

The Centre argued that several laws exist for the protection of women. It said it has begun consultations with all states and stakeholders since a stand cannot be taken on the issue without wide consultations.

High Court Justices Rajiv Shakdher and C Hari Shankar, who raised several probing questions, on Wednesday could not agree in the verdict they gave.

While Justice Shakdher said under the IPC provision giving exemption to the husband from the offence of rape for forced sex was unconstitutional, Justice Hari Shankar said it was not unconstitutional. (UNI)