On May 11, the High Court issued a split judgment in the matter.
However, both the justices – Justice Rajiv Shakdher and Justice C Hari Shankar – agreed with each other in the bench that the Supreme Court had granted leave of absence to appeal the matter as it contained important questions of law which required a decision. From the apex court.
Justice Shakdhar, presiding over the division bench, was in favor of dismissing the marital rape exception for being “unconstitutional” and said it would be unfortunate if the call for justice for married women was not heard even 162 years after the IPC came into force. , Justice Shankar said the exceptions under the rape law were “not unconstitutional and based on an understandable distinction”.
The petitioners challenged the constitutionality of the exception of marital rape under section 375 of the IPC (rape) that it discriminates against married women who have been sexually abused by their husbands.
With the exception of section 375 of the IPC, sexual intercourse or sexual activity by a man with his wife, the wife is not a minor, not rape.
The bench gave a 393-page split judgment in the matter.
Justice Shakadher, in his 192-page essay, lamented that he had not been able to persuade Justice Shankar of his point of view and said that he had probably heard the thunder of a different drummer. I respect that.
Justice Shankar, who in his 200-page dissenting opinion, said the petitions raised in these petitions should challenge the virus of section 375 and 376B of the IPC and the second exception to section 198B of the Criminal Procedure Code. Failed
He said it was a matter of long-standing regret that their differences over the outcome of the proceedings appeared to be unresolved.
Justice Shakadher further said, “For the sake of the petitioners and their people, I would say today it may seem like you are cultivating a lone bun, but it will change, if not now, one day, to those Nazarenes, I would say that every dissent adds flavor and intensity. Which helps the next court, if nothing else, to reach a conclusion that is closer to justice and truth.
In 2015 and 2017, the PILs were overturned by the NGO RIT Foundation, the All India Democratic Women’s Association, a man and a woman seeking to withdraw the exceptions granted by husbands under the Indian Rape Act.