Marital Rape: The Delhi High Court will give its important verdict today on the petitions seeking to bring marital rape under the purview of the crime. This decision of Delhi High Court will come today at 2:15 pm. The High Court had reserved its order in this matter in the month of February. Marital rape i.e. forced physical relationship in married life is not yet considered a crime in law.
In the petition filed in the Delhi High Court, it was demanded that in married life, if her husband forcibly has a relationship with a woman or against her will, then she should be brought under the purview of marital rape. The petitioner gave the example of different countries in this case and also referring to the dignity and honor of the woman, said that if it comes under the category of crime to establish a relationship with a married woman without her consent, then after all, a married woman Why can’t he get that right?
During the hearing of the case, the Central Government had said that before bringing marital rape as a crime in the court, keeping in mind the ground reality, including its social impact, impact on family relations, it was said to pass any order. The Central Government had argued that the Government of India is committed to fully and meaningfully protect the freedom, dignity and rights of every woman who is the fundamental pillar and pillar of a civilized society. Hence the matter requires a comprehensive approach rather than a strict legal approach.
However, the central government in its 2017 affidavit had opposed the petition seeking criminalization of marital rape. At the same time, in the affidavit filed in the court in January this year, the central government said that it has sought suggestions from various parties and the concerned organization and people, as the government is in the process of making extensive amendments in the criminal laws. The Center had argued that it has sent letters to all the states and union territories for their comments on the issue and adjourn the court proceedings till all the parties get their reply.
The Central Government told the Delhi High Court that so far no state government has given any reply in this matter and the Central Government can take any step forward on this matter only after receiving the reply of all the states and the concerned parties.
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