Marital rape split verdict challenged in Supreme Court

Khushboo Saifi, one of the original petitioners in the high court, had filed the application that was registered by the apex court Tuesday.

On May 11, a two-judge bench of the Delhi High Court, headed by Justice Rajiv Shakdher and comprising Justice C Hari Shankar, passed the split verdict on a batch of petitions seeking to do away with Exception 2 of the rape law under Section 375 of the Indian Penal Code.

The exception sets that forcible sexual intercourse by a man with his wife is not rape unless the wife is below 15 years of age.

Justice Shakdher had held that the exception was "unconstitutional".

"The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of Article 14 [right to equality] and are struck down," he said in his judgement.

However, Justice Shankar said he disagreed and refused to do away with immunity bestowed on husbands. Justice Shankar upheld the validity of sections 376B (sexual intercourse by husband upon his wife during separation is punishable) and 198B (no court shall take cognizance of an offence punishable where the persons are in a marital relationship).

Saifi pleaded with the Supreme Court for a relook seeking criminalising marital rape case.

She is the first petitioner to knock the doors of the top court challenging the high court's verdict.

She supports Justice Shakdher's verdict and challenges Justice Shankar's.