The Supreme Court on Friday issued notice on a batch of appeals challenging the split verdict of the Delhi High Court regarding the criminalisation of marital rape, saying it would examine the long pending issue but there was no urgency.
“This position has been existing for a long time. There is no urgency,” a bench headed by Justice Ajay Rastogi and Justice BV Nagrathna said as it sought a response from the central government over various pleas, including that filed by the All India Democratic Women’s Association.
Appearing for the lead petitioner, advocate Karuna Nundy submitted before the top court that in the split verdict, the two judges — Justice Rajiv Shakdher and Justice C Harishankar — had unanimously agreed that the matter shall be examined by this court.
Nundy further told the bench that the state has taken the stand that consultation must happen with regard to criminal law amendment across the country. “The matter remained adjourned for many years. They have taken the same stand now,” Nundy told the court.
Appearing for another petitioner, Men’s Rights Association, advocate J Sai Deepak told the court that there was a matter in the top court on the same issue in 2018. “That matter has remained pending. We have tried to mention the matter 19 times over three years to get it listed,” he said.
Following the submissions, the court has now tagged all of the matters together and said the same would be heard in the month of February next year.
In May this year, the Delhi High Court delivered a split verdict over the question of criminalising marital rape in the country. While Justice Rajiv Shakdher, who headed the division bench, favoured striking down the marital rape exception for being “unconstitutional” and said it would be “tragic if a married woman’s call for justice is not heard even after 162 years” since the enactment of IPC, Justice C Hari Shankar said the exception under the rape law is not “unconstitutional and was based on an intelligible differentia”.
While reserving its verdict on the issue, the HC had declined the Centre’s request to adjourn the matter further so that the central government could continue with its consultative process.
The central government, through Solicitor General Tushar Mehta, argued before the high court that “we worship women, but, a more holistic approach is needed”.
Mehta said: “We worship women. This is possibly the only country where we worship women, but, when dealing with such a socially impacting question, a more holistic view is called for without which it will not be possible for the central government to render justice.”
It was mentioned that to acknowledge marital rape as a criminal offence, the Centre has initiated the process for comprehensive amendments to criminal laws in consultation with all stakeholders.
The Solicitor General had further told the court that the Centre is committed to maintain and protect the dignity of every woman and this is the first priority. “They (Women) are the foundation of any cultured civilization like India. We are dealing with a larger issue,” the SG submitted.
The Centre, in its affidavit before the high court, had urged the court to defer the hearing in the matter, stating that the “Government of India is committed to fully and meaningfully protect the liberty, dignity, and rights of every woman”.
Responding to a batch of petitions seeking to criminalise marital rape, the Centre said: “Both the executive and the legislature are equally concerned and committed to the protection of the fundamental rights of its citizens. However, it is the considered opinion of the Central Government that this Hon’ble Court can be assisted only after a consultative process is undertaken by the Central Government with all stakeholders including all the State Governments.”
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