Delhi: High Court seeks Centre's response on criminalisation of marital rape

The Delhi High Court on Monday granted two weeks to the Centre to state its stand on petitions seeking criminalisation of marital rape following Solicitor General Tushar Mehta's submission that the government is neither in favour nor against striking down the immunity granted to husbands under the Indian Penal Code. Mehta emphasised that a “holistic view” has to be taken on criminalising marital rape which is a sensitive socio-legal issue and a request for deferring further hearing was not unjustifiable. He also clarified that the Centre's stand on the petitions was reflected in its last affidavit seeking time to undertake a consultative process for a decision.

“It is not the Central government's stand that it should either go or it should retain,” Mehta said. “I am saying neither... The Central government's stand is reflected in the last affidavit which we have filed. Let it not be said that we are in favour of retaining (or) we are deleting it,” he added.

A bench headed by Justice Rajiv Shakdher, which is dealing with the petitions seeking to strike down the exception granted to husbands under the Indian rape law, observed that the issue has to be decided either by the court or the legislature, and granted two weeks to the Centre to formulate its stand.

“We don't claim to be a repository of all wisdom but it is our job as a Constitutional court to decide a list which comes before us... We don't even know what call we are going to take at the moment (on the issue),” said the bench, also comprising Justice C Hari Shankar. “We will give you two weeks. You come back. As a court, it does not gel well that we keep the matter pending,” remarked the court which listed the case for hearing on February 21.