Friday, March 29, 2024
HomeLaw Will frame a 'considered and consultative view': Central government to Delhi...

[Marital Rape] Will frame a ‘considered and consultative view’: Central government to Delhi High Court

On Monday, Senior Advocate and Amicus Curiae Rajshekhar Rao continued with his submissions, demanding the quashing of the exception.

Rao argued that following the Nirbhaya gang-rape case, the Justice JS Verma Commission had suggested removing the exception, but the parliament decided to keep it.

“With marriage, responsibility comes on both parties. But even when a wife denies right to conjugal relations, then the husband has the right to restitution. He can say I want out of marriage because it is cruelty…Now look at it from the perspective of a woman. If she says no, then no means no. If she says no in the middle of the sexual act, husband should stop because if you continue it is rape,” he said.

Rao submitted that not criminalising marital rape amounts to denying the wife the right to prosecute a person for rape.

“From the perspective of the wife, she is denied the ability to call an act, which violates her sexually, a rape. The law is saying because he is your husband you have to brush aside the word “rape”. Can the mere fact of being married deny a woman her right to call it a rape? If it can, then the only reaction in a woman’s mind would be that the law is permitting rape by husband.”

Source: Barandbench

RELATED ARTICLES
- Advertisment -

Most Popular

Recent Comments