Supreme Court issues notice to Centre over marital rape pleas
New Delhi, September 16
The Supreme Court on Friday issued a notice to the Centre on petitions against the Delhi High Court’s split verdict on criminalising marital rape.
Asking the Centre to spell out its stand on the contentious issue, a Bench led by Justice Ajay Rastogi posted the petitions for hearing in February next year.
On May 11, the Delhi High Court had delivered a split verdict on petitions seeking to declare marital rape a crime. A Division Bench of Justice Rajiv Shakdher and Justice C Hari Shankar had failed to agree on the constitutionality of Exception 2 to Section 375 of the Indian Penal Code (IPC) which treats sex with one’s wife without her consent and against her will as an exception to the crime. While Justice Shakdher declared Exception 2 to Section 375 of the IPC and two other provisions unconstitutional, Justice Hari Shankar had disagreed.Petitioner Khushboo Safi, who was one of the petitioners before the Delhi High Court, has supported Justice Rajiv Shakder’s judgment that criminalised marital rape.
Having delivered dissenting verdicts, the two judges had granted certificates to appeal to the Supreme Court as it involved substantial questions of law.
Maintaining that a married woman’s right to bring the offending husband to justice needs to be recognised, Justice Shakdher struck down Exception 2 to Sections 375 and 376B of the IPC as also Section 198B of the code, insofar as they concern a husband/separated husband having sexual communion/intercourse with his wife not under 18 without her consent, as violative of the Constitution.
