Bite The Bullet: Delhi High Court Asks Centre To Take A Stand On Marital Rape

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The Logical Indian Crew

'Bite The Bullet': Delhi High Court Asks Centre To Take A Stand On Marital Rape

The High Court of Delhi declined to give the Centre any more time to clear its stand on marital rape. However, the Court reserved its judgement on several pleas demanding criminalising of the same.

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The Delhi High Court reserved its judgement on several pleas regarding criminalising marital rape. However, the Bench asked the Centre to 'bite the bullet' and finally take a firm stand on the issue. The Centre had submitted that it would only take a stand after consulting other union territories and other stakeholders. The court reserved its judgment, thereby rejecting the Centre's request to defer until all stakeholders' comments and feedback are received and ordered.

'Far-Reaching Socio-Legal Complications'

The matter has now been listed on March 2, and the lawyers from the representing parties have been directed to file their written submissions in the meantime. Solicitor General Tushar Mehta defended the government's stance on the issue and said that any stand had 'far-reaching socio-legal complications' in the country. Moreover, he further added that a meaningful consultative process with various stakeholders, including the state government, was needed, NDTV reported.

What Is The Contentious Exception?

Previously, the High Court had granted two weeks to the Centre to clear its stance on the batch of several petitions seeking the criminalisation of marital rape. After Solicitor General Mehta said that the Centre was awaiting a response, the Bench said, "You have to take a stance, either this way or that way". Justice Rajiv Shakdher and Justice C Hari Shankar were hearing the petitions filed by two non-governmental organizations, RIT Foundation and All India Democratic Women's Association and two other individuals who had challenged the constitutional validity of the second exception in Section 375 of the Indian Penal Code. The mentioned section exempts sexual intercourse by a man with his wife from the offence of rape, only if the wife is above the age of 15 years.

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