Different opinion of 2 judges of Delhi High Court on Marital Rape: One said crime and the other said wife cannot refuse sex

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On May 11, the Delhi High Court heard cases related to marital rape, in which both the judges have given different decisions.

The debate is still going on whether Marital Rape is a crime in India or not. In such a situation, the matter was heard in the Delhi High Court on Wednesday, where 2 judges of the High Court gave different decisions in this matter. While one judge termed marital rape as a rape and a crime, another judge gave his opinion in the opposition. In such a situation, this matter will now go to the Supreme Court, not only this, the bench of both the judges has given freedom to the petitioner to appeal. Also, this matter has been referred to a larger bench for further reference.

In such a situation, through today’s article, know all the information related to this decision of marital rape-

Woman has full rights over her body

A woman’s life is her own life. In such a situation, she can take decisions related to her life herself, a woman has full rights over her body. Let us tell you that in the year 2015, an NGO IIT Foundation had filed a petition related to marital rape, through which the organization had sought to declare marital rape as a crime.

There are many countries of the world where laws related to marital rape have been made, but in India it is not yet counted as a crime. As per the existing law, marital rape is not a crime.

Also read- When wives are not around, this is how the personality of the husband changes

Forcing sex is a violation of the rights of the wife-

marital rape law

Justice Rajiv Shakdher, while giving the verdict in favor of women in this case, said that ‘having sex by the husband or the separated husband with the wife who is more than 18 years of age without her consent would be a violation of the rights of the woman.’

Justice C. Harishankar Rai is completely different-

delhi high court verdict

Let us tell you that while a judge called marital rape a crime, then Justice C. Hari Shankar appeared in opposition to this. In his decision, he said that these provisions do not violate Articles 14, 19 (1) and 21 of the Constitution. Courts cannot substitute their subjective value judgment for the view of a democratically elected legislature. He called the voice of the legislature the voice of the people and said that ‘if the petitioners feel that a husband compels his wife to sexually exploit him, he should approach the Parliament.’

Also read- According to the new study, how is the thinking of Indian society towards women

The decision on these petitions came-

delhi high court split verdict

The Delhi High Court has delivered a fractured judgment while disposing of PILs filed by NGO IIT Foundation, All India Democratic Women’s Association, one man and one woman. One of these petitions was such, in which there has been a demand to maintain the law.

Now what decision comes out in the case of marital rape, it will be known only after appealing to the Supreme Court. If you liked this article of ours, then like and share it, as well as stay connected with every life for such information.

Image credit- freepik

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