Marital Rape: The Delhi High Court has given a fractured verdict on Wednesday in the case of declaring married rape a crime. While delivering the verdict on this matter, Justice Rajiv Shakdher of the Delhi High Court supported the abolition of this provision. Justice Shakdher, while hearing the case, described the condition of the married woman as pathetic even than the sex worker. Judge Shakdher said the law gives the sex worker the right to say ‘no’. But a married woman does not have such legal protection.

Justice Rajiv Shakdher, who is heading the division bench hearing the case, has favored the abolition of the exception of marital rape. Judge Rajiv Shakdher, while delivering the verdict on the matter, said that it is for the court to decide on such matters and not leave them behind.

‘Married woman has no rights’

Justice Shakdher said that the right to say ‘no’ has been given to the sex worker in the law, but a married woman does not have this right. This is equivalent to recognizing an abominable law in which a married woman is treated only as a private property. Whereas another Judge C Harishankar said to the contrary that this exception is not unconstitutional and the respective distinction is easily understandable. The division bench has given liberty to the parties related to this case to file a petition in the Supreme Court.

The petitioners in this case had challenged the constitutionality of the exception of marital rape under Section 375 (rape) of the Indian Penal Code on the ground that this exception discriminates against married women who are sexually harassed by their husbands. is done. Due to this exception, if the wife is not a minor, then her husband having sex with her does not amount to rape. Let us inform that the bench of Justice Rajiv Shakdher and Justice Harishankar had reserved its decision on February 21 after hearing in detail all the petitions in this case. In which the mother was asked to abolish the exemption given to husbands under the rape law in the country.

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