Lagatar24 Desk
New Delhi, May 11: The Delhi High Court on Wednesday, issued a divided decision on petitions seeking to criminalise marital rape and directed the case to the Supreme Court.
Although Justice Rajiv Shakdher found that marital rape was unconstitutional, Justice C Hari Shanker affirmed the constitutionality of Sections 376B and 198B.
After marathon hearings on the matter, the two-judge court postponed its decision on the petitions seeking to overturn the exception afforded to husbands under Indian rape law on February 21.
Notably on February 7, the top court gave the Centre two weeks to respond to the petitions seeking to criminalise marital rape. The Centre, however, sought the court to allow further time, but the bench declined, stating that an ongoing matter could not be postponed indefinitely.
The Centre had argued that it has written a notification to all states and union territories asking for their input on the matter, and that the proceedings should be postponed until the inputs are received.
The court was considering PILs brought by the RIT Foundation, the All India Democratic Women’s Association, and a man and a woman, all of whom sought to have the exception granted to husbands under Indian rape legislation repealed.
The Centre had filed an affidavit in 2017 opposing the petitions, arguing that making marital rape a criminal offence would destabilise the institution of marriage and make it an easy tool for harassing spouses.
The Centre, on the other hand, notified the court in January that it was “re-examining” its former position on the petitions, which was made public in an affidavit filed several years ago.
