• Latest
  • Trending
  • All
  • Sport
  • Cricket
  • Odisha
,am tries to kill wife who was raped by his brother

Criminalisation Of Marital Rape: HC Gives Split Verdict, Over To Supreme Court

4 years ago
Sonam Wangchuk

Sonam Wangchuk Will End Fast If Govt Spares Students From Legal Action; Fresh Violence Near Jantar Mantar

7 hours ago
ravenshaw university

Unauthorised Occupancy, Pending Dues: Odisha Govt Issues 7-Day Deadline To Ravenshaw

8 hours ago
Ranbir Kapoor, Sai Pallavi And Yash’s ‘Ramayana’ Character Art Takes The Internet By Storm

Ranbir Kapoor, Sai Pallavi And Yash’s ‘Ramayana’ Character Art Takes The Internet By Storm

8 hours ago
‘Abolish NEET’: Vijay Voices Support For CJP Protests Ahead Of ‘Jana Nayagan’ Release

‘Abolish NEET’: Vijay Voices Support For CJP Protests Ahead Of ‘Jana Nayagan’ Release

8 hours ago
covid situation

COVID-19: First Positive Case In Odisha In Brahmapur; State Govt Says No Cause For Panic

9 hours ago
‘Jana Nayagan’ Sparks Vijay Mania Worldwide, From Giant Singapore Cutout To Chennai Ticket Queues

‘Jana Nayagan’ Sparks Vijay Mania Worldwide, From Giant Singapore Cutout To Chennai Ticket Queues

9 hours ago
Delhi Police excesses pleas in court

‘Preserve CCTV Footage & All Records’: Delhi HC On Plea Alleging Police Brutality During CJP Protest

9 hours ago
‘I Didn’t Say A Word’: Ayesha Khan Claims Mumbai Police Pushed Her Into Van And Detained Her

‘I Didn’t Say A Word’: Ayesha Khan Claims Mumbai Police Pushed Her Into Van And Detained Her

10 hours ago
Lalit Modi to return home

‘Truth Has Finally Emerged’: IPL Founder Lalit Modi Set To Return To India After 16 Years

10 hours ago
Odisha CMO Missing Files Case: VK Pandian Asked To Appear Before Police On July 25

Odisha CMO Missing Files Case: VK Pandian Asked To Appear Before Police On July 25

10 hours ago
ZEE5 Announces New Series On Paper Leaks, Student Suicides Amid Nationwide Protests

ZEE5 Announces New Series On Paper Leaks, Student Suicides Amid Nationwide Protests

10 hours ago
Tapan Mohanty, Tapeswaranath Das, Pranati Nayak

3 Odisha AM/NS India HPC Gymnasts To Vie For Glory In Glasgow Commonwealth Games

11 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Thursday, July 23, 2026
No Result
View All Result
OdishaBytes
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
No Result
View All Result
OdishaBytes
No Result
View All Result
Home India

Criminalisation Of Marital Rape: HC Gives Split Verdict, Over To Supreme Court

by OB Bureau
May 11, 2022
in India, Legal
Reading Time: 2 mins read
,am tries to kill wife who was raped by his brother
491
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

New Delhi: The Delhi High Court on Wednesday delivered a 1:1 split verdict on pleas seeking criminalisation of marital rape and doing away with the exception in rape laws that insulate husbands, and said that the matter will have to be considered by Supreme Court.

The two-judge bench of justices Rajiv Shakdher and C Hari Shankar expressed different opinions on the issue of whether the exception granted to sexual acts by a husband on his wife can be considered valid under the Constitution.

ADVERTISEMENT

Justice Shakdher felt the exception is violative of Article 14 of the Constitution, which provides for equality and equal protection of the laws.

“As far as I am concerned, the impugned provisions — exception 2 to section 375 and section 376 (E)… are violative of Articles 14, 15, 19(1) (A) and 21 of the Constitution and are hence struck down… Courts cannot substitute their subjective value judgment for the view of the democratically elected legislature and the exception is based on an intelligible differentia,” Justice Shakdher said.

Justice Hari Shankar, however, said it does not violate any law and can continue.

“There is no support available, either statutory or precedential that every act of unconsensual sex by a man on his wife is rape. The impugned provision does not violate Article 14, but is based on an intelligible differentia having a rationale nexus… The impugned exception (375) does not violate article 21, 19(1)A… it cannot be called unconstitutional and therefore can exist… and, in such circumstances, the court cannot substitute its subjective values… for the view of the democratic elected legislature. I am of the considered opinion that the challenge of the petitioner cannot sustain,” Justice Hari Shankar stated.

Noting that the issue involves a “substantial question of law”, the judges said it would have to be considered by the Supreme Court. They also observed that at least two high courts have given their ruling on the matter.

Also Read: Marital Rape: Marriage Not A License To Unleash Brutal Beast, Rules High Court

Also Read: Sex Between Married Couple Not Marital Rape, Even If By Force, Rules HC

The Delhi HC has granted leave to appeal before the Supreme court, which means that the petitioners and the central government are both free to approach the apex court on the issue.

Share196Tweet123
ADVERTISEMENT
Previous Post

465 Fitness Certificates Cancelled, 350 Challans Issued To MV Rules Violators In Odisha

Next Post

Cong Workers Throw Ink, Tomatoes At Sambit Patra In Puri

OB Bureau

OB Bureau

Related Posts

Sonam Wangchuk

Sonam Wangchuk Will End Fast If Govt Spares Students From Legal Action; Fresh Violence Near Jantar Mantar

by OB Bureau
July 22, 2026

New Delhi: Sonam Wangchuk has said he is ready to end his hunger strike once the Central government assures him...

Delhi Police excesses pleas in court

‘Preserve CCTV Footage & All Records’: Delhi HC On Plea Alleging Police Brutality During CJP Protest

by OB Bureau
July 22, 2026

New Delhi: The way Delhi Police handled the Cockroach Janata Party’s (CJP) march to Parliament on July 20 is snowballing into...

Border Stability Essential For Normalising Of Relations Between Two Countries, Jaishankar Tells Chinese Counterpart

Border Stability Essential For Normalising Of Relations Between Two Countries, Jaishankar Tells Chinese Counterpart

by OB Bureau
July 22, 2026

Manila: Ensuring stability along frontier regions remains a 'pre-requisite" for restoring standard diplomatic engagements between the two most populous countries...

Dharmendra Pradhan and daughter Naimisha

‘Why Pursue Foreign Degree’? Dharmendra Pradhan’s Daughter Disables Instagram Account Amid Massive Online Outrage

by Amitava Dasgupta
July 22, 2026

New Delhi: As Union Education minister Dharmendra Pradhan continues to face the heat over NEET-UG paper leak, even his daughter...

Next Post
sambit patra

Cong Workers Throw Ink, Tomatoes At Sambit Patra In Puri

TPCODL RathaYatra TPCODL RathaYatra TPCODL RathaYatra
OMC-Ad OMC-Ad OMC-Ad
CUTM-Admission-2026 CUTM-Admission-2026 CUTM-Admission-2026
SAI International School SAI International School SAI International School
OdishaBytes

Copyright © 2026 Frontier Media

Navigate Site

  • About
  • Advertise
  • Privacy & Policy
  • Contact
  • News Feed

Follow Us

No Result
View All Result
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review

Copyright © 2026 Frontier Media