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Supreme Court seeks govt reply on marital rape pleas | India News


NEW DELHI: After Delhi High Court’s divisive ruling on whether marriage rape could be charged with rape, Supreme Court on Friday decided to check the issue and seek feedback from the Hub.
A Judge’s Bench Rajiv Shakdher and C Hari Shankar of HC differ in their readings of the exception below IPC Section 375 protects husbands from allegations of rape by wives.
Justice Shakdher has advocated knocking down rape in marriage made an exception and said it would be tragic if a married woman’s call for justice was not heard even after 162 years since the enactment of the law Penalty Code of India.
But Justice Shankar has said that the exception is unconstitutional and based on conceivable differences has a reasonable connection to the subject of the exception as well as Section 375 (rape) of the IPC itself. Since the high court has allowed the parties to approach the Supreme Court to have the final say on the matter saying it concerns important legal questions that require a top court decision, PIL’s plaintiffs filed an appeal at SC.





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