Delhi: Supporting the abolition of the exception in the case of husbands under the rape law, an amicus curiae on Friday asked the Delhi High Court whether it is right in today’s times to call a wife rape as rape. be deprived of the right of
Does the husband have the right to escape the law?
Also the Amicus Curiae asked whether the wife should be asked to resort to the provision of cruelty against her husband for this act? Senior advocate Rajasekhar Rao, who has been appointed as an amicus curiae to assist the court in deciding the applications seeking to bring marital rape under the purview of the crime, said no one says that the husband has any right. But the question is whether he has the right to escape from the rigors of the law under the said provision or whether he believes that the law exempts him or he has a birthright in the matter.
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Section 375 (rape) of the IPC provides exemption from the offense of rape by a person who has physical relations with his wife, provided the wife is more than 15 years of age. Before a bench of Justices Rajiv Shakdher and C Harishankar, he argued, “If the provision conveys the same message, is it not a fundamental attack on the existence of a wife or a woman?”
Why is rape not called rape?
Amicus Curie said, ‘Can anyone argue that it is reasonable, just and fair that a wife should be deprived of the right to call rape a rape in today’s time, rather she should be punished under Section 498A of the IPC (from a married woman). Relief under cruelty) should be sought.
During the hearing, Justice Harishankar said that prima facie he is of the opinion that consent is not an issue in this matter. The date of January 17 has been fixed for hearing in the matter.
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