2 judges of Delhi High Court have different opinions on marital rape, the matter will go to the Supreme Court

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Delhi High Court Split Verdict on Marital Rape: The Delhi High Court has given a fractured verdict on petitions seeking to declare marital rape as an offence. That is, both the judges have different opinions on Marital Rape. Justice Rajiv Shakdher termed marital rape as a crime. He called exception 2 of IPC section 375 unconstitutional. On the other hand, Justice C. Harishankar does not agree with this. Both the judges said that the matter should go to the Supreme Court.

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Let us inform that in the petition filed in the Delhi High Court, it was demanded that in married life, if her husband forcibly or against her will has a relationship with a woman, then she should be brought under the purview of marital rape. The petitioner gave the example of different countries in this matter. At the same time, referring to the dignity and respect of the woman, he said that if it comes under the category of crime to establish a relationship with an unmarried woman without her consent, then why can’t a married woman get that right?

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During the hearing of the case, the Central Government had said that before bringing marital rape as a crime in the court, keeping in mind the ground reality, including its social impact, impact on family relations, it was said to pass any order.

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