Earlier, the Centre had stated before the court that marital rape cannot be made a criminal offence as it could have a destabilising effect on the institution of marriage
The Delhi High Court (HC) stated on Monday that it would be "highly improper" for it to hear the matter, if the issues raised in the present petition were similar to those being heard in the Supreme Court (SC).
A Bench of Acting Chief Justice Gita Mittal and Justice C Harishankar said they wanted to see the main petition before going forward with the hearing in the matter. "We have got to know that a similar matter is being heard in the SC. We want to see the main petition. We cannot overlap the matter," the Bench stated.
Appearing for the petitioners, Advocate Karuna Nandy said the Apex Court has been hearing a plea questioning the validity of a provision under the Indian Penal Code (IPC), which permits a man to have a physical relationship with his wife, even if she was aged between 15 and 18 years.
Nandy contended that the present petition challenged the constitutionality of Section 375 (rape) of the IPC on the grounds that it discriminated against married women who were being sexually assaulted by their husbands.
The court then directed the presence of Advocate Gaurav Agarwal, who has been appearing for the petitioner, NGO Independent Thought, in the SC, on the next date of hearing — September 8.
"We want to be satisfied," the court said, directing that all orders passed by the Apex Court pertaining to the case should also be brought on the next date.
The HC is hearing petitions that seek directions to criminalise marital rape, something the Centre is opposed to.
Earlier, the Centre had stated before the court that marital rape cannot be made a criminal offence as it could have a destabilising effect on the institution of marriage, and become an easy tool for harassing husbands. The Centre had also sought that state governments be made party to the case, to ascertain their opinion and to avoid any complication at a later stage.
‘NOT A RIGHT WAY’
- Earlier, the Centre had stated before the court that marital rape cannot be made a criminal offence as it could have a destabilising effect on the institution of marriage.
- The Centre had also sought that state governments be made party to the case, to ascertain their opinion .
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