Marital Case is Complicated, even Court Cannot Decide verdict!

Thu May 12 2022 12:10:47 GMT+0530 (IST)

Earlier we have seen a debate on whether marital rape comes under rape or not? A few courts have given different verdicts on the issue making it an even more complicated issue. With many women raising their voices against marital rape, a new demand for criminalizing marital rape was started.

The same issue had reached the Delhi Court. All eyes were on the court's judgment to know what the court will say. As a twist in the tale, the bench of the court could not have a common decision on the issue as two justices expressed different views on the matter.

The two-judge bench of the Delhi High Court comprising Two judges, Justice Rajiv Shakdher and Justice Hari Shankar heard a bunch of petitions on the marital rape issue. Surprisingly, the judges had contradictory views on the issue.

Rajiv Shakdher said that Marital Rape is wrong by all means as it violates many rights of an individual guaranteed by the Indian Constitution. Countering this, the other judge Justice Shankar said that, he cannot agree with what Shakdher believes.

With the judges not able to come to a common decision on the issue, the issue had stuck with no progress. The case is expected to get referred to a higher bench of the Delhi High Court or the country’s top court Supreme Court.

The bench not being able to come to a common decision shows how complicated the issue is. While many women and activists say that husbands often see their partners as sex slaves and indulge in sex without their consent which is not lesser than rape.

But the other side of the argument is that many believe Marital Rape can be used as a weapon by wives to target their husbands, like how the domestic violence was used against the innocents by wives though their husbands did not do anything wrong.

Hearing the petitions on the same issue, a few High Courts said marital rape is a serious issue and cannot be seen as a normal issue. Many people want to know where the issue heads now. The next verdict on the issue can be seen as a historic one.