Marital Rape: Delhi High Court To Pronounce Tomorrow Verdict In Pleas Challenging Exception To Sec 375 IPC

The Delhi High Court will tomorrow pronounce it's judgment in a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.

A bench of Justice Rajiv Shakdher and Justice C Hari Shankar will be pronouncing the judgment after reserving the orders in the month of February.

The pronouncement is scheduled at 2:15 PM.

The petitions against marital rape have been filed by NGOs RIT Foundation, All India Democratic Women's Association and two individuals.

The Court had appointed Senior Advocates Rebecca John and Rajshekhar Rao as amicus in the matter.

While the Centre repeatedly requested the Court to defer the hearing saying that it is undertaking a consultative process to review the IPC provisions, the Bench refused to accept the request saying "there is no terminal date when the consultation process will get over" and proceeded to reserve judgment after hearing the parties.

Solicitor General of India Tushar Mehta had apprised the Court that the Central Government was awaiting the response of other State Governments and stakeholders seeking their comments on the issue. Mehta had argued that hearing in the matter should be deferred till such time the inputs are recieved from State Governments and stakeholders. 

He had submitted that while the Central Government reiterated it's stand that it was committed to maintain and protect the dignity and liberty of every woman, the question involved in the petitions was not merely a constitutional question relating to regular statutes but the same had far reaching consequences.

About Centre's Affidavit

In an additional affidavit filed dated February 3, 2022, the Centre had submitted that marital rape issue needed a comprehensive approach wherein a consultation process is undertaken with all stake holders including all the State Governments, rather than taking a strict legal approach.

Centre had said that while it is committed towards protection of liberty, dignity and rights of every woman who is the fundamental foundation and a pillar of a civilized society, however, it has been said that the question involved in the petitions "may not be treated merely as a question concerning constitutional validity of a statutory provision as the subject matter has and will have very far reaching socio-legal implications in the country."

"In the most respectful submission of the Central Government, considering the social impact involved, the intimate family relations being the subject matter and this Hon'ble Court not having the privilege of having been fully familiarised with ground realities prevailing in different parts of Society of this large, populous and diverse country, taking a decision merely based upon the arguments of few lawyers may not serve the ends of justice."

"The Deponent, therefore, reiterates that the hearing be deferred providing for a stipulated time line within which the Central Government would conduct an effective consultative process after which it will be in a position to assist this Hon'ble Court."

The Centre had earlier informed the Rajya Sabha that a process for comprehensive amendments to criminal laws in consultation with all stakeholders has been initiated by the government. 

Previous Reports can be read here:

Exception For Marital Rape Based On An Outdated Concept Of Marriage Presuming Consent : Amicus Curiae Tells Delhi High Court

Marital Rape - Striking Off Exception To Sec 375 IPC Won't Amount To Court Creating A New Offence : Amicus To Delhi HC

Marital Rape - Removal Of Exception From Sec 375 IPC Will Uphold Woman's Bodily Integrity: Rebecca John To Delhi High Court

Section 498A IPC Not A Remedy Against Marital Rape: Amicus Curiae Rebecca John To Delhi High Court

Marital Rape Exception Violates Woman's Right To Dignity, Personal & Sexual Autonomy And Right To Self Expression: Petitioners Tell Delhi HC

Marital Rape - Forcible Sex By Husband Can't Be Labelled Rape; At Worst Sexual Abuse; Wife Has Other Remedies: NGO Tells Delhi High Court

Marital Rape Exception Based On Intelligible Differentia Of Marriage: Men Welfare Trust Argues Before Delhi HC

Marital Rape Exception Restricts Women's Freedom Of Sexual Expression, Violates Art. 19(1)(a) Of Constitution: Adv Karuna Nundy To Delhi High Court

Leave It To Trial Courts To Decide How Marital Rape Is Proved : Colin Gonsalves To Delhi High Court

Case Title: RIT Foundation v. UOI and other connected matters