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.
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