- Under the law, any sexual act by a man with his wife is not rape if the woman is not a minor
- Delhi HC had said the issue involves a 'substantial question of law' & granted leave to move SC
- Petitioners say that marital rape was the biggest form of sexual violence against women
A petition has been filed in the Supreme Court against the split verdict of the Delhi High Court in the marital rape case, Bar and Bench reported on Tuesday. The appeal was filed by Khushboo Saifi who is one of the petitioners on the validity of Exception 2 to Section 375 of the IPC.
Exception 2 to Section 375 effectively provides that charges of rape cannot be attracted against a man who has non-consensual sex with his wife.
The validity of the same had been challenged before the High Court. A Division Bench of the Delhi High Court comprising Justices Rajiv Shakdher and C Hari Shankar had delivered split verdict in the case on May 11.
While Justice Shakdher struck down the provision as unconstitutional, Justice Shankar upheld the same.
"The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of article 14 and are, therefore, struck down," Justice Shakdher had held.
"I do not agree. There is no support to show that the impugned exception violates Articles 14, 19 or 21. There is an intelligible differentia. I am of the view that the challenge cannot sustain," Justice Shankar had ruled.
The appellant Saifi has supported the verdict of Justice Rajiv Shakdher and challenged the opinion of Justice Hari Shankar.