Delhi HC: Why Marital Rape should be an Exception to Section 375 of IPC?

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July 18, 2018

It has been reported by the Indian Daily, The Indian Express that a case pertaining to the contentious issue of marital rape was taken up by the Delhi High Court on Tuesday, whereby the Court has remarked that marriage does not mean that she is ready and willing to submit herself for sexual act of her husband.”

The Delhi High Court took up a batch of petitions filed by NGO RIT Foundation and All India Democratic Women’s Association and a marital rape victim who have challenged the constitutionality of Section 375 of IPC (the provision defines rape and the exception to Section 375 states that Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape).

The Petitions instituted with the High Court have been challenged by the NGO, Men Welfare Trust on the ground that married women have been given adequate protection under law against sexual violence. The High Court to the said contention replied that “a rape is a rape. Is it that of you are married it is okay, but if you are not then it is a rape? Why it should be exception under Section 375 of IPC? Force is not a pre-condition for rape.”

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