ADVERTISEMENTREMOVE AD

What’s Your Stand on Marital Rape? Delhi High Court Asks Centre

IPC Section 375 grants the husband license to violate the sexual autonomy of his own lawfully-wedded wife.

Updated
India
1 min read
story-hero-img
i
Aa
Aa
Small
Aa
Medium
Aa
Large
Hindi Female

The Delhi High Court on Monday asked the central government to file a response on a PIL seeking to declare a provision in the penal law unconstitutional as it discriminates against married women who are sexually assaulted by their own husbands.

A division bench of Chief Justice G Rohini and Justice Jayant Nath issued a notice to the government, seeking a response by March 23.

The PIL filed by NGO RIT Foundation challenged IPC section 375, saying it does not consider forced sexual intercourse of a man with his wife as rape.

The court had last July disposed-off the plea on the ground that the Supreme Court was already seized with the issue, but on Monday the bench agreed to examine the issue after it was told that the ground raised in this case was different from the plea pending before the apex court.

The law as it stands today amounts to a state-sanctioned license granted to the husband to violate the sexual autonomy of his own lawfully wedded wife and is, therefore, a violation of the Right to Privacy guaranteed to the wife under article 21 of the constitution of India.

The exception to section 375 arbitrarily discriminates between women as it keeps the age of consent at 15 years for women who are in a wedlock whereas the same is 18 years in case of any other woman.

PIL filed by NGO RIT Foundation

(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)

0

Read Latest News and Breaking News at The Quint, browse for more from news and india

ADVERTISEMENTREMOVE AD
Published: 
Speaking truth to power requires allies like you.
Become a Member
3 months
12 months
12 months
Check Member Benefits
Read More
ADVERTISEMENT
×
×