Delhi High Court Marital Rape Judgement Reserved, Further Delays In Hearing Denied

Delhi High Court marital rape judgement was reserved on February 21 and the court also denied to further delaying the hearing on the matter. On Monday, the court called Centre's take on the matter like 'trishanku' meaning unclear.

Delhi High Court reserved its judgement on the petitions that were received to criminalise the offence of marital rape. The statements were given by a bench consisting of Justice Rajiv Shakdher and Justice C Hari Shankar and they gave the date of March 2 for directions on the matter.

It is to be noted that the court had earlier asked the Union Government to clear its stance on the issue to which the government asked for time for consultation. However, even after enough time, the government's consultation process did not complete so it asked the court to defer the hearing to which the court refused.

Delhi High Court Marital Rape Judgement: Union Government's Delay

HC gave the time of two weeks to the Union Government to discuss and clarify its stance on the demands to criminalise marital rape. On Monday, the Centre said that it had asked the opinion of the State and Union Territories and written to them about it. However, they have not yet received any response from the authorities. Hence, speaking from the side of the Centre, Solicitor General Tushar Mehta informed the HC that the government's stance is neither a yes nor a no because the consultation process has not ended yet.

The High Court, reportedly, refused to SG's request to defer the hearing as the government did not have a fixed date to finalise the matter and end the consultations. HC also called the Centre's take on the matter as 'trishanku' and after hearing the arguments of all the parties, reserved its judgement and further directions for March 2.

Marital Rape is not a criminal offence in India as IPC Section 375, Exception 2 does not regard consummation between a man and his wife, of and above 15 years, as rape. This section was regarded as problematic and unjust by activists and lawyers across the country after which demands to criminalise marital rape started rising. However, the Government declined to the demands arguing that family matters require a legislative approach rather than a legal one.

Suggested Readings: 10 Tweets By Indians On Marital Rape Show How Far We Are From Gender Equality