The Supreme Court is prepared to hear arguments challenging the Delhi High Court’s divided decision on the matter of criminalizing marital rape in February 2023. According to the exception provided in section 375 of the IPC, a man engaging in sexual activity with his adult wife is not considered rape. “Go on grant. Make a list in February. Send a notice. The bench of Justices Ajay Rastogi and BV Nagarathna stated, “We’ll investigate it because this position has existed for a while.
NGO’s Rit Foundation, All India Democratic Women’s Association (AIDWA), and Khushboo Saifi filed appeals contesting the High Court’s decision, arguing that the marital rape exception made an arbitrary disparity between married and unmarried women. Additionally, it was claimed that it infringed on a married woman’s right to privacy, dignity, and freedom of choice.
A group of petitions contesting the High Court’s May 11 judgment. A man having sexual relations or engaging in sexual acts with his wife, who is not a minor, is not committing rape under the exception stated in section 375 of the IPC.
Justice Rajiv Shakdher claims that it is unlawful to protect the spouse from judicial action for the crime of marital rape. He determined that IPCs 375 and 376B’s exemption 2 was unlawful since they contravened Article 14 of the Constitution. However, Justice C. Hari Shankar stated that he does not concur with Justice Shakdher. Justice C. Hari Shankar asserts that he disagrees with Justice Shakdher. Justice Harisankar contends that Exception 2 of Section 375 is not unconstitutional and is based on a reasonable difference.
However, Justice C. Harishankar had stated that it would be a huge mistake for the court to overturn the exception and then hand over further revisions to the legislature.
