Delhi High Court divided on the Criminalization of Marital Rape

A split judgment was passed by the Delhi High Court on the matter of criminalizing marital rape. The verdict was passed on a few petitions that challenge Exception 2 to Section 375 of the Indian Penal Code (IPC), 1860. The abovementioned exception exempts non-consensual or forceful sexual intercourse by a husband with his wife. A bench comprising Justice Rajiv Shakdher and Justice C Hari Shankar pronounced the judgment yesterday after reserving the order on 21st February. Justice Shakdher has held that the exemption provided under Section 375 of IPC is violative of Article 14 and is, therefore, unconstitutional. He stated, & quot The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of Article 14 and are therefore struck down.& quot Justice Hari Shankar, however, was of a different opinion and did not agree with Justice Shakdher's pronouncement. He held that the exception to Section 375 is not violative of the Constitution as it is based on reasonable classification.

How can a Lawyer help you?

Section 375(2) provides an exemption to a husband who forcefully has non-consenual sexual intercourse with his wife. However, if the wife wants to take legal action against her husband in such a case, she can file for a divorce on the grounds of cruelty and also file an FIR for domestic violence. It is recommended to engage the services of a divorce lawyer or a criminal lawyer who is well-versed with the relevant laws and can develop a sound strategy for your case.