Judge divided on marital rape: A judge said – husband should be punished for forcibly having sex with his wife; Another said – it is not illegal

Hearing on marital rape took place in Delhi High Court on Wednesday. While delivering the verdict, both the judges of the High Court expressed different views on this. Justice Shakdher of the High Court said that Section 375 of the IPC is a violation of Article 14 of the Constitution. On the other hand, Justice C Harishankar said that marital rape cannot be considered a violation of any law. The bench told the petitioners that they can appeal in the Supreme Court.

On February 21, in the case of marital rape, the court had reserved the verdict after a marathon hearing on public interest litigations filed in 2015 by NGO RIT Foundation, All India Democratic Women’s Association and two persons.

Marital rape is unequal with women
Exception 2 of IPC section 375 makes marital rape an offence. It says that sexual intercourse by a man with his wife is not rape. The petition sought quashing of the exception on the ground that it discriminated against the fact that married women were sexually exploited by their husbands.

Marital rape should not be considered a crime- Central Government
The Center had opposed making marital rape a crime. In 2017, the Center had told the court that India cannot blindly follow the West. Nor can he declare marital rape a crime. During the hearing this time, the court had said that it would consider the stand given by the central government in 2017.

The hearing was resumed in January 2022
When the trial resumed in January 2022, the government told the court that marital rape cannot be made a crime until discussions with all the parties are completed. For this, major changes will have to be made in the criminal law and not in pieces. On February 7, the court had given the Center two weeks’ time. Then the bench had reserved the decision due to non-receipt of reply from the Centre.