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Sex Without Wife's Consent Is Rape: HC
By: Tupaki Desk | 18 July 2018 7:28 AM GMT
The Delhi High Court ruled Marriage doesn't mean a Woman is always ready for sex with her life partner.
Bench comprising of Acting Chief Justice Gita Mittal and Hari Justice Shankar observed both Husband and Wife have the right to say no to physical relations. 'Marriage can't be seen as consent for physical relations all the time. It's the Man who has to prove that Woman is consenting,' opined the Bench during the hearing of a plea seeking consideration of Marital Rape an offense.
High Court felt it doesn't make sense saying physical force is necessary for rape. 'The definition of rape has changed Today. There is no need to look for injuries in a rape,' says the Bench.
NGO Men Welfare Trust opposed the plea to make Marital Rape an offence citing force or any threat would be the key to consider it that way. Though it differed with the NGO, High Court felt there is not need to modify Section 375 of the IPC, which says sexual intercourse with wife not rape, as there are other Sections to handle sexual violence in a marriage.
Bench comprising of Acting Chief Justice Gita Mittal and Hari Justice Shankar observed both Husband and Wife have the right to say no to physical relations. 'Marriage can't be seen as consent for physical relations all the time. It's the Man who has to prove that Woman is consenting,' opined the Bench during the hearing of a plea seeking consideration of Marital Rape an offense.
High Court felt it doesn't make sense saying physical force is necessary for rape. 'The definition of rape has changed Today. There is no need to look for injuries in a rape,' says the Bench.
NGO Men Welfare Trust opposed the plea to make Marital Rape an offence citing force or any threat would be the key to consider it that way. Though it differed with the NGO, High Court felt there is not need to modify Section 375 of the IPC, which says sexual intercourse with wife not rape, as there are other Sections to handle sexual violence in a marriage.
