Delhi HC to pronounce marital rape judgment on May 11

The Delhi High Court is scheduled to pronounce its judgement on Wednesday in a batch of matters challenging the validity of Exception 2 of Section 375 Indian Penal Code (IPC) which decriminalises marital rape.

A bench of Justice Rajiv Shakdher and C Hari Shankar, which had in February wrapped up the hearing, would deliver the verdict on May 11.

The High Court had then reserved the judgement, after 20 days of marathon hearings, even though the Centre refused to take its stand until it consulted all stakeholders, including States and the National Commission for Women.

Amid demand from lawyers, activists, politicians and citizens for criminalising marital rape, the Union government has maintained that this will involve a socio-legal impact, including on intimate family relations, and would require a comprehensive approach rather than a strictly legal view.

"The government is yet to formulate a stand. It is neither saying yes nor no because consultations have not been completed," Solicitor General Tushar Mehta had said.

The Union government also said the matter is essentially a legislative function. The Centre also said it has written to States and Union Territories and is yet to receive their responses.

NGOs RIT Foundation and All India Democratic Women's Association, and Khusboo Saifi and Farhan, in their plea, contended irrespective of marital status, every woman has a right to say 'no' to non-consensual sexual act. Men's Welfare Trust and NGO 'Hriday' opposed the plea saying it is for Parliament to take a call on the subject.

In 2017, the Supreme Court had read down an exception to Section 375 only to the extent of criminalising rape with a minor wife but clarified at the same time that it has not expressed any view on the issue of marital rape.

However, the Justice J S Verma committee, formed after the 2012 Delhi gang-rape case, had in 2013 recommended the criminalisation of marital rape, since the state of being married does not generate automatic consent to sexual acts.