While hearing a batch of petitions seeking criminalization of marital rape, Justice C Hari Shankar of the Delhi High Court said on Thursday, ‘No matter how high we raise the expectation of sexual relation even in marriage, you cannot claim the right to have sex with a partner.
To this, Justice Friend Rebecca John, who is assisting the court, said, “There is a reasonable expectation of sex in marriage. Hope cannot be punished. The spouse has the right to resort to civil remedies. But if expectation becomes a physical act based on coercion and force, then that sexual act will become a crime. ,
“Marital relationship does not demand to punish every man. Not every act in a relationship demands to be punished. [of law] Having sex with the wife is against his consent,” he said.
What is the matter?
At present, the Delhi High Court is hearing a number of petitions challenging this Exceptions to section 375 of the Indian Penal code which exempts a man from the offense of rape by forceful intercourse with his wife, provided the wife is more than 15 years of age.
The petitioners have challenged the constitutionality of the marital rape exception on the ground that it discriminates against married women who are sexually harassed by their husbands.
Further hearing in the matter will take place on Friday.
What happened in court on Thursday?
On Thursday, the amicus curiae also said that the rape law in India has already been amended.
“In 2013, a broader definition of rape was introduced. Some provisions were changed and some new elements were added. Changes were made in 2018 as well.
Last week, the Center submitted an affidavit to the Delhi High Court stating that a consultation process was underway with regard to the proposed amendments to the criminal law.
The Center had informed the court that marital rape cannot be made a criminal offense unless consultation with all stakeholders is completed. “Principles of natural justice require a larger hearing of all stakeholders,” the government emphasized.
Advocate Rebecca John on Thursday also said that the exception of marriage in rape law is not absolute. “Can any court permit a husband who has a sexually transmitted disease to have sex with his wife against her will? This is grounds for divorce for the wife in case of such illness. Can a woman who is suffering from a disease that prevents her from having sex safely, be forced to have a relationship? No, then it is clear that this is not an absolute exception,” she said.
She also said that there have been several cases of gang rape of a woman by her husband and his friends. “The effect of something like this in absolute terms is that such serious offenses are not punished,” she said.
The Delhi High Court also asked amicus curiae Rebecca John to see how the “attempt to commit offence” would apply if the marriage exception to the rape law was struck down.
Read also: Marital rape exposes the inherent malaise of our society. Scene