India’s Supreme Court is poised to deliver a landmark judgement that may make marital rape a crime, a fiercely debated subject with roots in colonial law.
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.
Delivering a 1:1 split verdict on the issue of criminalisation of marital rape, the Delhi High Court on Wednesday, May 11, said that the matter will have to be considered by the Supreme Court of India. The two-judge bench of justices Rajiv Shakdher and C Harishanker gave dissenting opinions on the issue of whether the exception granted to the sexual acts done by a husband on his wife can be considered valid under the Constitution.