The Supreme Court heard an appeal against the Delhi High Court’s split verdict on the criminalization of marital rape. Khushboo Saifi, one of the petitioners who challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on the grounds that it discriminated against married women sexually raped by their husbands, filed the appeal.
Forceful sexual intercourse by a man with his wife who is not under the age of 15 is not considered rape under Exception 2 of IPC Section 375 (rape). Exception 2 of Section 375 decriminalises marital rape or declares that forced sexual intercourse between a man and his wife in a marriage is not rape.
On May 11, a division bench of the Delhi High Court, comprising of Justices Rajiv Shakdher and C Hari Shankar, issued a split verdict in the matter. Justice Shakdher declared the provision unconstitutional, while Justice Shankar upheld it. After reaching a split decision in the case, the bench gave the petitioners permission to appeal to the Supreme Court.
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