UPDATED: July 8, 2021 10:13 IST
A file photo of the Supreme Court. More than 3.9 crore cases in total are before various courts in the country
The Supreme Court on Wednesday took exception to the delay in responses being filed by states, including Delhi and Uttar Pradesh, regarding steps to increase judge strength and dispose of pending cases. If left to the Union of India and the states, no work would happen at the Supreme Court. The government is the largest litigant and in every matter, with few exceptions, there is an application for time, said a bench of Justice DY Chandrachud and Justice MR Shah.
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CJI marital rape query in a consensual relationship Counsel for the complainant woman said the consent was obtained by fraud
Chief Justice of India S.A. Bobde on Monday wondered whether a consensual sexual relationship can be termed rape because the man had refused to marry.
“If two people are married to each other and are living as husband and wife, the husband may be brutal and commit wrong. But can the act of sexual intercourse between lawfully wedded man and wife be called rape?” the CJI asked advocate Aditya Vashishtnath, appearing for the complainant woman.
The counsel said the consent was obtained by fraud as the man, Vinay Pratap Singh, had taken the woman to Manali in Himachal Pradesh and had married her at a local temple in the year 2014. However, subsequently, he married another woman and was refusing to accept the complainant as his wife.
Highlights
The SC, while examining the issue of consensual sex between a live-in couple, has sought to know whether sexual intercourse between them can be termed as ‘rape.’
The top court also stayed the arrest of a man accused of raping his former partner for eight weeks
It said that the trial court will decide on the question of the liberty of the petitioners in the case
New Delhi: The Supreme Court, while examining the issue of consensual sex between a couple living together, has sought to know whether sexual intercourse between them can be termed as ‘rape.’ The top court also stayed the arrest of a man accused of raping his former partner for eight weeks and said that the trial court will decide on the question of the liberty of the petitioners in the case.
SC: Can sexual intimacy between a live-in couple be called rape?
By IANS |
Published on
Mon, Mar 1 2021 19:06 IST |
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Supreme Court of India. (Photo Courtesy: Twitter). Image Source: IANS News
New Delhi, March 1 : While examining the issue of consent for sexual relationship between a couple living together, the Supreme Court on Monday queried whether sexual intercourse between them can be termed as rape. A bench headed by Chief Justice S.A. Bobde and comprising Justices A.S.Bopanna and V. Ramasubramanian said: If a couple is living together as man and wife.the husband may be brutal, but could the sexual intercourse between the couple, who are living together, can be termed as rape?
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