Plea Challenging Delhi HC's Split Verdict on Marital Rape Moved in SC

The two-judge bench of the Delhi High Court last week had given out a split verdict in the matter.

The Union Government submitted a report to the Delhi High Court mentioning that marital rape may ‘destabilise’ the institution of marriage.

(Photo: Kamran Akhtar/The Quint)

A plea has been moved in the Supreme Court challenging the Delhi High Court's split verdict in the matter of criminalising marital rape, news agency ANI reported.

The Delhi High Court on Wednesday, 11 May, had seen a split decision on the constitutionality of the marital rape exception.

Justice Rajiv Shakdher held that Exception 2 to Section 375 of the Indian Penal Code (which prescribes the marital rape exception) is "violative of Articles 14, 15, 21 of the Constitution and hence must be struck down."

However, Justice C Hari Shankar, the other judge on the division bench, disagreed and held that there were no grounds for the court to strike the exception down, which was justified under Article 14, because there was an intelligible differentia created by marriage.

A two-judge bench of Delhi High Court pronounced a split verdict on an issue relating to criminalising marital rape. Justice Rajiv Shakdher ruled in favour of criminalising, while Justice Hari Shankar disagreed.

(This is a developing story. It will be updated with more details.)