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"If Sex Worker Can Say No, Why Can’t A Wife?", Says Delhi High Court
Posted
January 14, 2022
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1,826
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January 14, 2022
1,826
20
10
1.64%
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5:08Now Playing"Can a wife be put on a lower pedestal or be less empowered than a sex worker who has the right to say no at any stage," said the Delhi high court, Justice Shankar, while hearing a batch of petitions on marital rape. Justice Rajiv Shakdher, who is heading the bench dealing with a batch of petitions seeking criminalisation of marital rape, informed during the hearing that Solicitor General Tushar Mehta mentioned the matter before him when certain other parties and Justice C Hari Shankar, who forms part of the bench, were not present. The court said that overhaul of the law would take "a lot of time" and asked the central government to state if it was dealing specifically with the issue of marital rape exception. The central government told the Delhi High Court that it was considering a "constructive approach" to the issue of criminalising marital rape and has sought suggestions from state governments, the Chief Justice of India, MPs, and others on comprehensive amendments to the criminal law. The central government, in its earlier affidavit filed in the case, has said that marital rape cannot be made a criminal offence as it could become a phenomenon that may destabilise the institution of marriage and an easy tool for harassing the husbands. The Delhi government has told the court that marital rape was already covered as a "crime of cruelty" under IPC.
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