GS Paper 2:
Topics Covered: Separation of Powers.
Context:
Delhi High Court has (May 11) delivered a split verdict in a batch of petitions challenging the exception provided to marital rape in the Indian Penal Code (IPC) – Section 375.
Exception provided to marital rape in the Indian Penal Code (IPC):
Section 375 defines rape and lists seven notions of consent which, if vitiated, would constitute the offence of rape by a man.
- However, the provision contains a exemption: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.”
What’s the issue? What were the petitions against?
This exemption essentially allows a marital right to a husband who can with legal sanction exercise his right to consensual or non-consensual sex with his wife. This amounts to rape too.
- It undermines consent of a woman based on her marital status.
What has the Court ruled?
Split Verdict:
- Justice Rajiv Shakdher: The exception under Section 375 is unconstitutional.
- Justice C Hari Shankar held that the provision is valid.
What happens when a split verdict is delivered?
In case of a split verdict, the case is heard by a larger Bench. This is why judges usually sit in Benches of odd numbers (three, five, seven, etc.) for important cases.
Marital Rape:
Section 375 of the IPC holds that “sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape”.
- No other statute or law recognises marital rape.
- Victims only have recourse to civil remedies provided under the Protection of Women from Domestic Violence Act, 2005.
Can marital Rape be criminalised? Pros and Cons.
- Reference: read this.
Insta Curious:
Did you know that the Ministry of Home Affairs constituted a committee to review criminal laws in the country in 2019?
InstaLinks:
Prelims Link:
- Section 375 of IPC.
- Exceptions.
- Supreme Court verdict.
- Laws in this regard.
Mains Link:
What is marital Rape? Why should it be criminalised? Discuss.
Q.2) Marital Rape is recognised by:
- Constitution of India.
- Protection of Women from Domestic Violence Act, 2005.
- Both.
- None of the above.
Sources: Indian Express.
