Centre Urges Delhi High Court To Defer Marital Rape Hearings

Centre urged Delhi High Court to put off hearings regarding criminalisation of marital rape in India saying that it will be able to take effective measures only after a consultative process. The centre issued an affidavit regarding the deferment of the hearings mentioning the socio-legal implications it will have in the country.

Centre has asked the Delhi High Court to put off the hearings over the issue of criminalisation of marital rape in India saying that it needs to have a consultative process since it will have socio-legal implications in the country.

The centre mentioned that the issue needs to be addressed comprehensively rather than taking a strict legal action. It urged the High Court to defer the hearing so that it can hold a comprehensive consultation in order to take an effective step regarding the issue.

The centre has made its request by filing an affidavit in the court. The Ministry of Home Affairs mentioned in the affidavit that taking a decision based on a few arguments may not provide justice in a proper manner. “Absence of any such consultative process by the executive/ legislature, may result in some injustice to one section or the other,” the affidavit mentioned.

Delhi High Court Hearings On Criminalisation Of Marital Rape in India

The affidavit reads, “it is the considered opinion of the Central Government that this Hon’ble Court can be assisted only after a consultative process is undertaken by the Central Government with all stakeholders, including all the State Governments.”

Suggested Reading: Marital Rape: We Can’t Ignore Sexual Violence Behind Closed Doors

While the case has been pending since 2015, the centre submitted its stand regarding the issue in 2017 and asked to hold a consultative process recently to present a comprehensive stand before the court. The centre presented its stand stating that criminalisation of the exception under Section 376 of IPC may destabilise the institution of marriage as it can become a tool for wives to harass their husbands.

A bench including Justices Rajiv Shakdher and C. Hari Shankar has been hearing petitions regarding the criminalisation of marital rape which challenges the exception under Section 376 of the Indian Penal Code that protects men from prosecution on the grounds of forced sex with their spouses.