The Gujarat High Court said it is high time for the court to consider whether exception given to marital rape is “manifestly arbitrary”, and issued notices to the state and Union governments on a PIL challenging the constitutional validity of such an exemption. The court, while issuing notices returnable on January 19, observed that “…it is high time that a writ court undertakes the exercise of considering, whether the exception-2 to section 375 of the IPC could be termed as manifestly arbitrary and makes a woman’s fundamental right to sexual autonomy subject to the whims of her husband”.
Exception-2 to section 375 (rape) of IPC provides that sexual intercourse committed by a man on his wife is not ‘rape,’ even when he forces his wife against her will or without her consent. Consequently, the husband cannot be punished for rape.
Petitioner Jaideep Verma challenged its Constitutional validity on the grounds of it being “being arbitrary, unreasonable, unconstitutional, violative of Articles 14, 15, 19 and 21 of the Constitution of India, violative of the inherent human rights recognized by the Constitution of India and violative of the constitutional morality and principles”.
Stating that the petition raised an important issue, the bench informed the petitioner’s counsel that it intends to pass an order on how the court proposes to deal with the contentious subject of exception 2 to Section 375.
The petitioner argued that the exception withdraws protection granted by the law to a woman against forcible sexual intercourse and the wife is forced to surrender her bodily integrity, sexual autonomy and her right to bodily privacy to the husband. “Exception-2 makes a woman’s fundamental right to sexual autonomy subject to the whims of her husband,” said the PIL.
It said, thereby, the law totally excludes from the offence of rape by a husband of his pregnant wife, or a wife incapable of giving her consent, suffering from mental or physical disability, and rape by a husband that causes grievous bodily harm, and repeated rapes by a husband of his wife.
(With inputs from PTI)
Read all the Latest India News here
Comments
0 comment