• 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
Ganesh puja pandal gutted in fire

Ganesh Puja Pandal Reduced To Ashes In Major Fire At Odisha’s Sambalpur

4 hours ago
Vimal Elaichi ad

High Court Rejects Vimal Elaichi Plea Over FDA Notices To Shah Rukh, Ajay Devgn, Tiger Shroff

5 hours ago
Kejriwal Visits Goa Forward Party Chief’s Home For Ganesh Puja Day After ‘Goa First’ Alliance Launch

Kejriwal Visits Goa Forward Party Chief’s Home For Ganesh Puja Day After ‘Goa First’ Alliance Launch

5 hours ago
Three Indian-Origin Italians Leave India Without Immigration Checks; AI Showcaused

Three Indian-Origin Italians Leave India Without Immigration Checks; AI Showcaused

5 hours ago
Gymnasts to represent India

Odisha AM/NS India Gymnastics HPC Trio Selected For Asian Games & FIG World Challenge Cup

5 hours ago
I Am Sorry, Didn’t Know A Girl Was On The Bike, Says Gurugram Hit & Run Accused

I Am Sorry, Didn’t Know A Girl Was On The Bike, Says Gurugram Hit & Run Accused

5 hours ago
‘Khatron Ke Khiladi 15’: Gaurav Khanna Breaks Down In Tears, Quits Show To Save Ruhaanika Dhawan

‘Khatron Ke Khiladi 15’: Gaurav Khanna Breaks Down In Tears, Quits Show To Save Ruhaanika Dhawan

6 hours ago
Tree Ganesh Puja

Bakul Foundation’s Tree Ganesh Puja Demonstrates Eco-Friendly Celebration & Deeper Bond With Nature

6 hours ago
Hockey: Men’s Asian Champions Trophy To Make A Comeback In Punjab From Oct 27 To Nov 5

Hockey: Men’s Asian Champions Trophy To Make A Comeback In Punjab From Oct 27 To Nov 5

6 hours ago
‘Kabhi Kabhi Selection Mein Kami…’: Salman Khan Addresses ‘Boring’ Contestant Line-Up On ‘Bigg Boss 20’

‘Kabhi Kabhi Selection Mein Kami…’: Salman Khan Addresses ‘Boring’ Contestant Line-Up On ‘Bigg Boss 20’

6 hours ago
S Satyapragyan

Chess Olympiad For People With Disabilities: Team India, Coached By Odisha IM Satyapragyan, Begin Well

6 hours ago
‘Hanuman Ansh’ Director Vishal Chaturvedi Announces His Next Film On Tulsidas

‘Hanuman Ansh’ Director Vishal Chaturvedi Announces His Next Film On Tulsidas

6 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Tuesday, September 15, 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

Vimal Elaichi ad

High Court Rejects Vimal Elaichi Plea Over FDA Notices To Shah Rukh, Ajay Devgn, Tiger Shroff

by OB Bureau
September 14, 2026

New Delhi: The Delhi High Court on Monday dismissed a plea by Vimal Elaichi maker PB Agro LLP, which sought quashing...

Kejriwal Visits Goa Forward Party Chief’s Home For Ganesh Puja Day After ‘Goa First’ Alliance Launch

Kejriwal Visits Goa Forward Party Chief’s Home For Ganesh Puja Day After ‘Goa First’ Alliance Launch

by OB Bureau
September 14, 2026

Panjim: A day after declaring the ‘Goa First’ alliance for the 2027 Goa Assembly elections, AAP national convenor Arvind Kejriwal...

Three Indian-Origin Italians Leave India Without Immigration Checks; AI Showcaused

Three Indian-Origin Italians Leave India Without Immigration Checks; AI Showcaused

by OB Bureau
September 14, 2026

New Delhi: In a major violation of Standard Operating Procedure (SoP), three Italian nationals of Indian-origin were allowed to fly...

I Am Sorry, Didn’t Know A Girl Was On The Bike, Says Gurugram Hit & Run Accused

I Am Sorry, Didn’t Know A Girl Was On The Bike, Says Gurugram Hit & Run Accused

by OB Bureau
September 14, 2026

Gurugram: The prime accused in the Gurugram hit and run case, Kalyan Bainsla, on Monday claimed he wasn’t aware that...

Next Post
sambit patra

Cong Workers Throw Ink, Tomatoes At Sambit Patra In Puri

OMC-Ad OMC-Ad OMC-Ad
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