Delhi High Court said – no one can deprive women of their right to say no – Delhi High Court marital rape legal provision right to say no important comment crime ntc

Story Highlights

  • Hearing on petitions to declare marital rape a crime
  • High court serious about women’s rights
  • Discussion on section 375 of IPC

The Delhi High Court has given priority to the right of women to refuse to have sex in connection with the legal provision of marital rape. The HC said that the right of women to do no can not be compromised under any circumstances. Such people should be punished after getting evidence and complaint at first sight. There should be no room for doubt in this.

A bench of Justice Rajiv Shakdher and Justice C Harishankar in the Delhi High Court heard the petitions filed for re-interpreting the provisions related to marital rape. The High Court clearly said that no one can deprive women of their sexual freedom, physical integrity and the right to say no to relationships. The Court observed that as far as rape is concerned, there is a fundamental and qualitative difference between the relationship between a married couple and an unmarried one.

While hearing the petitions seeking to declare marital rape as an offence, the High Court said that we will not decide here as to how punishment should be given if the charge of marital rape is proved, but we are considering that in such a situation Whether the person should be convicted of rape or not.

The Delhi High Court also tried to know the legal reasoning behind the provisions of marital rape mentioned in Section 375 of the IPC. This section of the IPC excludes sexual relations between husband and wife from the purview of rape. But the court said that if the legislature feels that as an institution of marriage, we should not classify it as rape. But we are considering an exception to this law.

The bench said that there is no concept of marital rape in Indian culture. As soon as it is brought under the category of rape, it will come under section 375 of IPC and if rape is proved in 375, then punishment will definitely be given.

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Referring to the earlier judgments of the Supreme Court, the High Court said that the Supreme Court has already established the principles for declaring the provision of exception to Section 375 of the IPC as unconstitutional. If the legislature does not classify it as a rape because of the qualitative difference in the marital relationship, then we are not questioning whether it should be punished or not.

The court said that instead of telling about the earlier decisions of the courts of Britain, America or countries of Europe, we should tell about the ideal situations in which this provision has been canceled.

The bench termed the decisions and arguments of the courts of UK US Nepal and many other countries on behalf of the petitioners as completely irrelevant in this matter. The High Court said that we have our own jurisprudence and our own justice system. We have our own constitution and our own law and order.

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