The Supreme Court on Friday stated it is going to hear petitions arising out of the Delhi High Court’s break up verdict on the problem of criminalization of marital rape on September 16.
The High Court dominated on May 11 with one choose in favor of eliminating the exception to the regulation that protects husbands from being prosecuted for non-consensual intercourse with their wives, with one other ruling it unconstitutional. refused.
However, each the judges had agreed with one another to grant depart certificates to enchantment within the Supreme Court within the matter because it entails vital questions of regulation which require the choice of the apex courtroom.
Two petitions arising out of the excessive courtroom’s May 11 judgment got here up for listening to on Friday earlier than a bench of Justices Ajay Rastogi and BV Nagarathna.
Counsel for one of many appellants stated that they need the apex courtroom to determine on the vital query of regulation concerned within the matter.
The lawyer stated that each the judges of the division bench of the High Court had given the depart certificates to enchantment within the apex courtroom.
“Even otherwise, the matter should be heard,” the bench stated, including one other petition on the problem, which was talked about earlier.
“Let the second case come, we will tag all of them,” the bench stated. Justice Rajiv Shakdher, who headed a division bench of the High Court, favored the abolition of the exception of marital rape and stated that even after 162 years of the implementation of the Indian Penal Code, a married girl’s demand for justice is just not heard. That could be unhappy. (IPC).
Justice C Hari Shankar, who was a part of the division bench of the High Court, had held that the exception below the rape regulation is just not unconstitutional and primarily based on a smart distinction having a rational relationship with the article of the exception in addition to Section 375 (rape). was. ) of IPC solely.
The petitioners earlier than the High Court had challenged the constitutionality of the marital rape exception below Section 375 IPC (rape) on the bottom that it discriminates towards married ladies who’re sexually harassed by their husbands.
Under the exception given in part 375 of IPC, sexual activity or sexual act by a person together with his spouse, the spouse is just not a minor, is just not rape.
The High Court’s choice got here on a PIL filed by NGO RIT Foundation, All India Democratic Women’s Association, a person and a girl, looking for to cast off the exception given to husbands below the Indian rape regulation.
With inputs from TheIndianEXPRESS
