The Delhi Top Courtroom Wednesday delivered a cut up verdict at the factor of criminalisation of marital rape and granted depart to the events to report an enchantment sooner than the Ideal Courtroom.
Whilst Justice Rajiv Shakdher, who headed the department bench, favoured placing down the marital rape exception, Justice C Hari Shankar stated the exception beneath the IPC isn’t unconstitutional and was once in accordance with an intelligible differentia.
The petitioners had challenged the constitutionality of the marital rape exception beneath Segment 375 IPC (rape) at the floor that it discriminated in opposition to married ladies who’re sexually assaulted through their husbands.
Beneath the exception given in Segment 375 of the IPC, sexual sex or sexual acts through a person together with his spouse, the spouse now not being minor, isn’t rape.
