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Marital rape case, now hearing in Supreme Court of India

  • Both the Delhi High Court judges have given different verdicts on criminalising marital rape. The case will now be heard in the Supreme Court. The two Delhi High Court judges did not agree on the matter.

  • Today, everyone's attention was drawn to a decision of the Delhi High Court. Delhi High Court judges have given different verdicts on a petition seeking the conviction of marital rape. Therefore, the case will now be heard before a three-judge bench. Apart from this, the case of marital rape has also reached the Supreme Court.

The trial of the marital rape case began before Justice Rajiv Shakdhar and Justice Harishankar. The two judges differed on removing the provisions of the Indian Rape Act. As a result, the case has been referred to a larger bench. Justice Rajiv Shakdhar was in favour of convicting marital rape. However, Justice Harishkanar did not agree with Rajiv Shakdhar's position. Justice Rajiv Shakadhar had said that it should be made a crime to have sexual intercourse without the wife's consent. However, Harishankar did not agree with him.

The petition seeking criminal conviction was earlier heard in February. For the first time, the central government had backed the provisions of the existing law. However, the central government later changed its role and changed the existing law. After hearing the arguments of all the parties on February 21, the Delhi High Court had stayed the decision.

At a hearing in February, Advocate General Tushar Mehta, speaking on behalf of the central government, said there was a need to study the constitutional challenges and the impact on social and family life. The Center had, on February 7, sought an extension of time to present its case in the Delhi High Court. The central government had said that the time should be extended to get the state government's opinion and the union territories. However, the Delhi High Court rejected the Centre's request.

Although marital rape is not considered a crime under current law, many Indian women face this problem. According to the fifth report of the National Family Health Survey, more than 29% of women suffer from husband abuse.

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