Highlights

  • The petition seeking to keep marital rape as a crime is under discussion
  • The Delhi High Court has again said that a husband has the right to demand sex from his wife
  • The High Court had expressed displeasure over the repeated emphasis on the need for wife’s consent

New Delhi: Having sex between unmarried couples cannot be a gross negligence on the part of husband and wife. The Delhi High Court observed that the baseless attempt to equalize where the difference is clear is dishonest. High Court Justice C Harishankar spoke to Rebecca John, who was appointed as amicus curiae to assist the court on a petition seeking declaration of marital rape as a criminal act. They have the right to expect men to have sex with each other in marriage, while the unmarried man can be expected, but not entitled. ‘

The judge was furious at Amicus Curiae’s argument

Justice C Harishankar is part of a bench of Justice Rajiv Shakdhar hearing a petition on marital rape. He also disagreed with Amicus Curiae Rebecca John’s argument over the over-emphasis on the need for ‘wife’s consent’ to have sex. He said that Parliament has given some logical grounds to justify the exception mentioned in Article 375 of the Indian Penal Code (IPC) for protection of husbands.


The judge was furious at his wife’s repeated insistence on his consent

Judge Harishankar said, “By insisting on consent, consent, consent – we are completely complicating the whole argument and the arguments given (by the Legislature). We cannot deny the fact that Parliament makes laws with the Constitution in mind. Especially in criminal cases, we cannot simply remove a provision that is not a crime.


Parliament made a law on a logical basis, how can it be rejected: Judge

The High Court judge asked whether the court could intervene in the matter of the legislature to overturn any legal provision, especially when it has a logical basis at first sight in Parliament. “Unfortunately this question has been raised against me from day one, but to date no answer has been received … We have not sat down to find a way to repeal any provision,” he said.


Husband has right to demand sex from wife: Judge

As the hearing began on Friday, Justice C Harishankar said no one could ignore the fact that there is a difference between marital and unmarried sex. “In one case the man has no right to know the desire for sex because he is not bound by the marriage bond, while in the other case the husband has the right from the marital bond, on the basis of which he can marry his spouse,” he said. You can expect the right sex. ‘

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