Delhi High Court has given a big verdict in favor of women. The High Court has given priority to the right of women to refuse to have sex in connection with the legal provision of marital rapist i.e. marital rape. The High Court has said in strong words that the right of women to do not can be compromised under any circumstances. Such people should be punished after getting prima facie evidence and complaint, there should be no doubt about it.
A bench of Justice Rajiv Shakdher and Justice C Hari Shankar in the Delhi High Court heard the petitions filed for re-interpreting the provisions relating to marital rape. No one can take away the right to say. The Court further observed that as far as rape is concerned, there is a fundamental and qualitative difference between the relationship between a married couple and an unmarried one.
While hearing a petition seeking to declare marital rape as an offence, the High Court said that we will not decide here as to how punishment should be given on conviction of the allegation of marital rape, rather we are considering that in such a situation the person Whether to be convicted of rape or not.
The bench also said that there is no concept of marital rape in Indian culture. As soon as it comes under the category of rape, it will come under section 375 of the IPC and if rape is proved in 375, it will definitely be found.
Referring to the earlier judgments of the Supreme Court, the High Court said that the Supreme Court has already established the principles for declaring the provisions of exception to Section 375 of the IPC as unconstitutional. If the legislature does not classify it as a rape because of the qualitative difference in the marital relationship, then we are not questioning whether it should be punished or not.
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