The Delhi High Court had been hearing a plea filed recently. The plea demanded consideration of forced sex by a man with his wife as Marital Rape. The two-judge bench, consisting Justice Rajiv Shakdher and Justice Hari Shankar, however, gave dissenting opinions over the issue.
While Justice Rajiv Shakdher favored the idea of criminalizing Marital Rape, Justice Justice Hari Shankar, however, stated a different opinion and believed Marital Rape holds no violation of the law. The petitioners can move to Supreme Court, if not satisfied.
What is the present situation regarding the same?
Section 375 of the Indian Penal Code states the definition of Rape and has been considered an offense, however, the section also holds an exception in clause 2.
While Rebecca Joan and Rajasekhar Rao favored the idea of removing the exception from 375 of IPC, the center, however, in an affidavit stated that the matter needed to hold a comprehensive approach and also said that discussions have been going on with the states too over the same. The center also stated that women are the main pillars of any civilized society and is thus committed to their rights and freedom.
The Constitution of the nation treats every person as equal in the eyes of law, hence, one’s right could not get dissolved upon marriage. However, there are chances that the law might bring tensions for the innocent one too, but the thought does not hold a good reason to keep a rapist outside the bars.
Also, what goes on in bed is a matter of discussion, as the task performed there is not being performed or enjoyed by both parties, hence the voice of one who has been suffering through unbearable pain needs to get heard.