Marital rape case: Delhi HC to resume hearing today

The Delhi High court will on Wednesday further resume hearing on Public Interest Litigation (PIL) seeking criminalization of marital rape.

The PIL requests that marital rape should be criminalized and treated as rape.

The court also appointed Senior Advocate Raju Ramchandran as the amicus curiae in the matter.

In the last hearing the court was informed that a similar kind of PIL which was being heard in the Supreme Court has different grounds.

The court was told that the apex court is hearing a matter which concerns women who are between the age of 15 to 18 but the PIL which has been submitted in the Delhi High Court concerns women of all ages.

On September 6, the Apex Court reserved its verdict on a plea seeking clarification if a man's physical relation with his wife below 18 years of age amounts to rape or not.

The apex court was hearing a plea filed by an NGO seeking to make marital rape a criminal offence.

The NGO, who had filed the plea, is opposing this as they argue that while SC is hearing a plea questioning the validity of a provision under the IPC permitting a man to have physical relationship with his wife, even if she was aged between 15 and 18 years.

The issue before the HC is different as the PILs challenge the constitutionality of Section 375 (rape) of the Indian Penal Code (IPC) on the ground that it discriminates against married women being sexually assaulted by their husbands.