SC seeks response of Centre on pleas in search of criminalisation of marital rape
3 min readBy PTI
NEW DELHI: The Supreme Court on Monday sought a response of the Centre on a batch of petitions pertaining to the criminalisation of marital rape.
A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala requested the Union authorities to file its response on the difficulty by February 15 and the ultimate listening to on the pleas would begin from March 21.
One of pleas has been filed in relation to the Delhi High Court’s cut up verdict on the difficulty. This enchantment has been filed by Khushboo Saifi, one of many petitioners earlier than the Delhi High Court.
The Delhi High Court on May 11, final 12 months had delivered a cut up verdict on the difficulty. However, each the judges — Justice Rajiv Shakdher and Justice C Hari Shankar –on the bench concurred with one another for granting a certificates of depart to enchantment to the Supreme Court within the matter because it includes substantial questions of legislation which requires a choice from the highest court docket.
While Justice Shakdher, who headed the division bench, favoured placing down the marital rape exception for being “unconstitutional” and stated it will be “tragic if a married woman’s call for justice is not heard even after 162 years” for the reason that enactment of the IPC, Justice Shankar stated the exception beneath the rape legislation is just not “unconstitutional and was based on an intelligible differentia”.
Another plea has been filed by a person towards the Karnataka High Court verdict which had paved manner for his prosecution for allegedly raping his spouse.
The Karnataka High Court had on March 23, final 12 months stated exempting a husband from the allegation of rape and unnatural intercourse together with his spouse runs towards Article 14 (equality earlier than legislation) of the Constitution.
Just a few different pleas have additionally been filed within the apex court docket on the difficulty.
Some petitioners have challenged the constitutionality of the marital rape exception beneath Section 375 IPC (rape) on grounds that it discriminated towards married girls who’re sexually assaulted by their husbands.
Under the exception given in Section 375 of the IPC, sexual activity or sexual acts by a person together with his spouse, the spouse not being minor, is just not rape.
NEW DELHI: The Supreme Court on Monday sought a response of the Centre on a batch of petitions pertaining to the criminalisation of marital rape.
A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala requested the Union authorities to file its response on the difficulty by February 15 and the ultimate listening to on the pleas would begin from March 21.
One of pleas has been filed in relation to the Delhi High Court’s cut up verdict on the difficulty. This enchantment has been filed by Khushboo Saifi, one of many petitioners earlier than the Delhi High Court.
The Delhi High Court on May 11, final 12 months had delivered a cut up verdict on the difficulty. However, each the judges — Justice Rajiv Shakdher and Justice C Hari Shankar –on the bench concurred with one another for granting a certificates of depart to enchantment to the Supreme Court within the matter because it includes substantial questions of legislation which requires a choice from the highest court docket.
While Justice Shakdher, who headed the division bench, favoured placing down the marital rape exception for being “unconstitutional” and stated it will be “tragic if a married woman’s call for justice is not heard even after 162 years” for the reason that enactment of the IPC, Justice Shankar stated the exception beneath the rape legislation is just not “unconstitutional and was based on an intelligible differentia”.
Another plea has been filed by a person towards the Karnataka High Court verdict which had paved manner for his prosecution for allegedly raping his spouse.
The Karnataka High Court had on March 23, final 12 months stated exempting a husband from the allegation of rape and unnatural intercourse together with his spouse runs towards Article 14 (equality earlier than legislation) of the Constitution.
Just a few different pleas have additionally been filed within the apex court docket on the difficulty.
Some petitioners have challenged the constitutionality of the marital rape exception beneath Section 375 IPC (rape) on grounds that it discriminated towards married girls who’re sexually assaulted by their husbands.
Under the exception given in Section 375 of the IPC, sexual activity or sexual acts by a person together with his spouse, the spouse not being minor, is just not rape.
