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The Delhi High Court had delivered a split verdict in the challenge to exception 2 of Section 375, Indian Penal Code in as much as it excludes married women from filing rape charges against her husband.
Today, a Bench of Justice Ajay Rastogi and Justice BV Nagarathna, of the Supreme Court, issued notice in pleas challenging the Delhi High Court's split verdict in the issue of marital rape. The matter is to be heard next year in February, 2023.
Earlier, the Bench said that it would tag all the matters similar to the present context together, and hear on September 16.
The Delhi High Court had delivered a split verdict in the challenge to exception 2 of Section 375, Indian Penal Code as much as it excludes married women from filing rape charges against her husband.
While Justice Rajiv Shakdher held the provision as unconstitutional and ordered the exception to be struck down, Justice Harishankar held that the provision is constitutional and is based on “intelligible differentia”. Both Judges concurred on the aspect of a substantial question of law being involved in the said issue & granted leave to approach the Supreme Court.
Background: The court had decided a batch of petitions which have been filed by two NGOs, namely, RIT Foundation, All India Democratic Women’s Association and two individuals challenging the constitutionality of Exception 2 to Section 375 as well as section 376B of the Indian Penal Code, 1860 on the ground that it excludes marital rape as a criminal offence. The thrust of the petitions was that this exception is unconstitutional and violates the right of married women under Articles 14, 15, 19 and 21 of the Constitution.
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