Criminalisation of marital rape: Centre seeks time from Delhi High Court to formulate its stand

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Centre on Monday sought time from the Delhi High Court to frame its stand on the issue relating to the criminalisation of marital rape.

Solicitor General Tushar Mehta, representing Centre, urged a division bench of justices Rajiv Shakdher and C Hari Shankar, to grant some more time to formulate its stand on the issue.

SG Mehta said that considering the fact that it is a 2015 matter, the govt needs a reasonable time as this is a matter which might need consultation.

SG Mehta also stated that nothing imminent is going to happen in the coming weeks.

However, Justice Shakdher clarified that once the bench has started hearing the matter it would conclude it. SG Mehta insisted on a couple of weeks' time saying that it would not make a difference.

Justice Shakdher said that the court would consider his request after the amicus curiae and other counsel finish their submissions.

Currently, senior advocate Rajshekhar Rao, who is Amicus Curiae in the matter is assisting Court on the issues.

Advancing his argument, Amicus Rao said, "When an act violates her sexually, believe that you are raped but the law says it is not rape. He also submitted that the law also denied the ability to prosecute the husband for that act.

"In a woman's mind, the only reaction would be that the law is sanctioning rape by her husband, the amicus argued.

Amicus will further continue his arguments on Tuesday.

The court was hearing a batch of petitions including by the NGOs RIT Foundation and All India Democratic Women's Association who have challenged an exception to section 375 and the Indian Penal Code.

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