An appeal has been filed in the Supreme Court challenging the Delhi high court's split verdict on the issue of criminalisation of marital rape on a batch of petitions challenging the exception in the law that exempts husbands from being prosecuted for non-consensual sexual intercourse with their wives.
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The Delhi high court on Monday asked the Centre to clarify its position in principle on the issue of criminalising marital rape after the government sought time to formulate and place its 'considered stand.'
'More so, if it is their daughters wanting to marry someone of their own choosing.' 'Children are seen as property. That's why the problem is so messy.' For young Indians wanting to marry outside their religion, expressing their right to love and live as they choose is becoming increasingly hazardous.
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'Everyone is entitled to their opinion because we live in a country like India and not a place where Shalini is taken, where forget having an opinion, women can't even talk to their family on the phone.'
'People will say a lot of things -- ignore the noise.'
The Delhi high court is scheduled to pronounce on Wednesday its verdict on a batch of pleas seeking the criminalisation of marital rape.
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'The point about arranged marriages is -- because I come from a progressive family -- the idea was completely alien. But I have realised over time that there are instances of assisted marriages working very well. If you look at it, really, in a microcosm, it is the same thing as Tinder, isn't it? I mean, if you are trying to meet -- yes, no, yes, no, no.'
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The senior lawyer, who contended that the marital rape exception was not constitutional, said that the marital rape exception would be tested on the anvil of its constitutionality and an individual's opinion was not relevant.
'There appears to be in the Indian polity a link between being Single and being of prime ministerial timber. It is a trend, a preponderance -- not a statistical verity,' says Dr Shashi K Pande.
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A bench of justices R S Endlaw and Asha Menon issued notice to the Centre and the Delhi government seeking their stand on the plea by two women seeking to get married under the SMA.
The bench termed this aspect of Section 497 'manifestly arbitrary' and said it treated married women as 'chattel' on the ground that their relationship with other married persons depends on the 'consent or connivance of her husband'.
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The government's endeavour, she said, is to protect women in this country in collaboration with state governments.
'She exists alongside Sita, the archetype of the ideal woman,' notes Arundhuti Dasgupta.
Maharashtra Deputy Chief Minister Devendra Fadnavis had last week said the government would study laws on "love jihad" framed by other states and take an appropriate decision.
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.
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