Centre told to clear its stand on marital rape

The court told additional solicitor general (ASG) Chetan Sharma to take instructions on this aspect and listed the matter for further hearing to January 31.

The Delhi high court on Friday asked the Union government to clarify whether it intends to withdraw its previous stand on criminalising marital rape, in view of its present stance that it was taking a “constructive approach” in the matter.

Delhi high court (File Photo)

The Centre had filed an affidavit in 2017 opposing a bunch of pleas seeking to criminalise marital rape and said marital rape cannot be made a criminal offence as it could become a phenomenon that may destabilise the institution of marriage and an easy tool for harassing husbands.

However, this month, as the bench of justices Rajiv Shakdher and C Hari Shankar resumed hearing the matter, the Union government told the court that it was taking a “constructive approach” on the issue.

On Friday, the court told additional solicitor general (ASG) Chetan Sharma to take instructions on this aspect and listed the matter for further hearing to January 31.

The court’s direction came after advocate Karuna Nundy, representing petitioner NGOs RIT Foundation and All India Democratic Women’s Association, sought a clarification as to whether she shall argue on the written submissions and affidavits filed by the central government so far or was the government withdrawing these.

To this, justice Shakdher said, “Mr Sharma, take instructions on that as well. What do you want?”