Delhi HC delivers split verdict on criminalisation of marital rape

Tags: State News

A DIVISION bench of the Delhi High Court delivered a split verdict on petitions seeking criminalisation of marital rape, paving the way for the matter to be adjudicated by the Supreme Court.

• One of the judges struck down as unconstitutional the exception to Section 375 of the IPC. 

• He said that sexual intercourse by a man with his wife aged 18 and above is not rape even if it is without her consent.

• However, another Judge said that issue requires consideration of social, cultural and legal aspects.

• The High Court said that criminalizing marital rape may destabilize the institution of marriage.

• What is Marital Rape?

• Marital rape is the act of sexual intercourse with one's spouse without the spouse's consent.

• Lack of consent is an essential element and does not involve physical violence.

• It is considered a form of domestic violence and sexual abuse.

• Section 3 of the Protection of Women from Domestic Violence Act, 2005 provides the definition of domestic violence, which includes physical, sexual, verbal and emotional abuse.