Section 375 of the IPC is including the crime related to snatching the dignity of a woman by attacking her with the intention of forceful intercourse. Although the criminals are punished on the basis of the IPC Section 375 for sexually harassing a woman yet there are a number of women in India who are being assaulted by their husbands. In the year 2015, it was for the first time that someone sent a petition to the Delhi High Court related to such a case of sexual assault which was challenging Section 375 of IPC.
If a woman is forced into intercourse by her husband must be under the jurisdiction of the courts. As soon as we know, the forced intercourse is either by a stranger or by her husband. Marrying a man does not mean that the woman is subject to her husband. Lately, the victims of marital rape are excited for the judgement of the Delhi High Court in the context of the pleas challenging the exception to Section 375 of the IPC.
Delhi high court delivers split verdict on marital rape
The Delhi High Court is supposed to give a historical verdict on Wednesday, 11th May 2022. The Delhi High Court bench is set to give a verdict on the pleas challenging the exception to Section 375 of IPC, which exempts forced sexual intercourse by a man with his wife from the criminal offence of rape. In response to the registered cases related to marital rape, men’s organizations have logged a counter-petition challenging the criminalization of marital rape on various grounds.
Justice Hari Shankar has stated respect to his understanding of the registered marital cases and he disagreed with the viewpoints of Justice Rajiv Shakdher. He holds that Exception 2 to Section 375 does not violate the Constitutional as it is based on intelligible differences. The split verdict of different judges in the cases of marital rape in India has generated differences among the judges. Hence the Wednesday verdict of this case will be held under the bench of judges.
As far as we know, a bench of three judges will give the verdict in the context of marital rape in India. This verdict will be given in the High Court of Delhi on Wednesday, 11th May 2022. It is expected that the Delhi High Court judgement will set a mark in favour of women with the upcoming judgement. More details related to this news will be updated as soon as possible.
