Is it rape if the wife does not want to have sex? Know what the Supreme Court said - Newztezz Online

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Monday, January 16, 2023

Is it rape if the wife does not want to have sex? Know what the Supreme Court said


The Central Government had refrained from taking a clear stand on criminalizing marital rape in the Delhi High Court. Exception 2 to Section 375 of IPC was challenged in the petitions.

The Supreme Court on Monday sought response from the Center on petitions seeking to criminalize marital rape . A bench of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala asked the central government to respond on the issue by February 15. The hearing on these petitions will start from March 21. Now the Supreme Court will decide whether marital rape is a crime or not by taking a final hearing on the matter in March.

After the case of marital rape came up in many High Courts of the country, the Supreme Court has heard the matter. The Karnataka High Court gave a verdict on this matter, in which marital rape was declared a crime, while the judges of the Delhi High Court were not unanimous on this matter. Then the matter has been handed over to the bench of three judges. However, during this time the Supreme Court had ordered to transfer all the cases pending in the High Court to itself.

Karnataka government also gave affidavit in SC

The Karnataka High Court has ordered to register a case against the husband in one case. The state government has also supported the filing of a case against the husband for raping his wife in this matter. The state government has filed an affidavit in the Supreme Court supporting the decision of the High Court. It is said in this that a case should be registered. The High Court had upheld the charges against the husband under Section 376 of the IPC for forcible sexual intercourse with the wife.

Without commenting on the constitutionality of the marital rape exception, the High Court observed that in the facts and circumstances of the case, the husband cannot be given complete impunity for such sexual assault/rape. The debate on marital rape has a long history. In the past, petitions filed in the Delhi High Court sought to end the exemption given to husbands under the rape law.

The central government had not adopted a clear stand

The Central Government had refrained from taking a clear stand on criminalizing marital rape in the Delhi High Court. Exception 2 to Section 375 of IPC was challenged in the petitions. At the same time, the Karnataka High Court had given its verdict refusing to quash the FIR of marital rape. The Single Bench of Justice M Nagaprasanna said that Exception 2 of Section 375 of the IPC is not complete. Concession has been given to the husband in this.

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