Lagatar24 Desk
New Delhi, May 17: An appeal has been filed in the Supreme Court against the Delhi High Court’s split verdict on the criminalization of marital rape.
Khushboo Saifi, one of the petitioners who challenged the validity of the marital rape exception under Section 375 IPC (rape) on the grounds that it discriminated against married women sexually raped by their husbands, filed the appeal.
Forceful sexual intercourse by a man with his wife who is not under the age of 15 is not considered rape under Exception 2 of IPC Section 375 (rape). In plain English, Exception 2 of Section 375 decriminalises marital rape or declares that forced sexual intercourse between a man and his wife in a marriage is not rape.
On May 11, a division bench of the Delhi High Court, consisting of Justices Rajiv Shakdher and C Hari Shankar, issued a split verdict in the matter. Justice Shakdher declared the provision unlawful, while Justice Shankar affirmed it.
After reaching a split decision in the case, the bench gave the petitioners permission to appeal to the Supreme Court. Both justices also observed that the case raises a substantial point of law, which would require the Supreme Court’s attention. Both judges also noted that the issue involves a “substantial question of law” and therefore would have to be considered by the Supreme Court.
