A bench of acting chief justices Gita Mittal and C Hari Shankar said that in a relationship like marriage, both man and woman have a right to say 'no' to physical relations.
The Delhi high court Friday asked the Centre to inform whether it wishes to withdraw its 2017 affidavit in which it had submitted that marital rape cannot be made a criminal offence as it could become a phenomenon which may destabilise the institution of marriage and an easy tool for harassing husbands.
The Delhi high court is scheduled to pronounce on Wednesday its verdict on a batch of pleas seeking the criminalisation of marital rape.
'Why doesn't the prime minister wake up to these social issues?' 'This government is basically saying rape is all right.'
The Delhi high court on Wednesday delivered a split verdict on the issue of criminalisation of marital rape and granted leave to the parties to file an appeal before the Supreme Court.
The Delhi high court on Wednesday delivered a split verdict with one of the judges favouring striking down the provision, and the other holding it was not unconstitutional.
'It has to be ensured adequately that marital rape does not become a phenomenon which may destabilise the institution of marriage apart from being an easy tool for harassing the husbands,' the affidavit, filed through central government standing counsel Monika Arora, said.
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