The Delhi High Court on Monday sought the Centre’s stand on a batch of pleas seeking criminalization of marital rape following the submission of Solicitor General Tushar Mehta, who has said that a “holistic view” has to be taken on criminalizing marital rape which is a sensitive socio-legal issue and a request for deferring further hearing was not unjustifiable.
His submissions were before the bench of Justice Rajiv Shakdher, which is dealing with the pleas which recently created a stir across the socio-political spectrum.
The bench has granted two weeks’ time to the Centre to clarify its stand on the issue, which the government said, is neither in favor nor against striking down the immunity granted to husbands under the Indian Penal Code.
The Centre had recently filed a fresh affidavit in the high court, in response to a clutch of petitions to criminalize marital rape, maintained that it was examining the issue of broad changes in criminal law of the country and that the petitioner could also give their suggestions to the competent authorities.
Earlier, advocate Nandita Rao, representing the Delhi government, said just because this is not a criminal offense under Sections 375, does that create a compulsion on a woman to have sex with her husband? “The answer is no.”
The government counsel also pointed out that the option for divorce is there both under Hindu and Muslim law. The woman also has a right to register a criminal case under Section 498A IPC. As of today, FIRs are registered by the spouses under Section 377, 498A, and 326 of IPC, Rao added.
Recently, the Gujarat High Court had issued notices to the state and the Centre in response to a PIL challenging the constitutional validity of marital rape.
The PIL challenged Section 375(2) of IPC which exonerates a husband from the punishment of rape for forcible physical relations with his legally wedded wife without her consent.
