TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    India Begins Free HPV Immunisation for Adolescent Girls Across the Country to Prevent Cervical Cancer

    India Begins Free HPV Immunisation for Adolescent Girls Across the Country to Prevent Cervical Cancer

    CJI Takes Suo Motu Action Against NCERT Class 8 Textbook Highlighting Judicial Corruption

    CJI Takes Suo Motu Action Against NCERT Class 8 Textbook Highlighting Judicial Corruption

    Supreme Court of India Cracks Down in Haldwani Eviction Case: Encroachers Cannot Stall Development, Rehabilitation Directed

    Supreme Court of India Cracks Down in Haldwani Eviction Case: Encroachers Cannot Stall Development, Rehabilitation Directed

    Bhopal Sisters Arrested for Conversion and Sex Racket, Used Job Lures, Drugs, and Threats to Exploit Young Women Across States

    Bhopal Sisters Arrested for Conversion and Sex Racket, Used Job Lures, Drugs, and Threats to Exploit Young Women Across States

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    ‘Golden Horizon’ Missile: India Weighs 2,000-Km Israeli Hypersonic Strike Weapon Beyond BrahMos for Deep-Strike Capability

    ‘Golden Horizon’ Missile: India Weighs 2,000-Km Israeli Hypersonic Strike Weapon Beyond BrahMos for Deep-Strike Capability

    Carney to Visit India on Feb 26 as Part of Three-Nation Indo-Pacific Tour

    Carney to Visit India on Feb 26 as Part of Three-Nation Indo-Pacific Tour

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    ‘Golden Horizon’ Missile: India Weighs 2,000-Km Israeli Hypersonic Strike Weapon Beyond BrahMos for Deep-Strike Capability

    ‘Golden Horizon’ Missile: India Weighs 2,000-Km Israeli Hypersonic Strike Weapon Beyond BrahMos for Deep-Strike Capability

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Carney to Visit India on Feb 26 as Part of Three-Nation Indo-Pacific Tour

    Carney to Visit India on Feb 26 as Part of Three-Nation Indo-Pacific Tour

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    Most Anticipated New Car Launches in India for 2026

    ‘POJK Sankalp Diwas’: The Parliamentary Resolution of 22 February 1994 and India’s National Responsibility

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    Kamal Maula Mosque Site In MP’s Bhojshala Built Using Parts of Ancient Temples, Says ASI Report

    Kamal Maula Mosque Site In MP’s Bhojshala Built Using Parts of Ancient Temples, Says ASI Report

    Most Anticipated New Car Launches in India for 2026

    ‘POJK Sankalp Diwas’: The Parliamentary Resolution of 22 February 1994 and India’s National Responsibility

    India AI Impact Summit Expo Extended By A Day After Overwhelming Response; Doors to Remain Open Until February 21

    India AI Impact Summit Expo Extended By A Day After Overwhelming Response; Doors to Remain Open Until February 21

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    1Win App – A Game Changer in Pakistan’s Mobile Casino Scene

    1Win App – A Game Changer in Pakistan’s Mobile Casino Scene

    Installing the Mostbet App on Your Android in Nepal – Doing it the Secure Way

    Installing the Mostbet App on Your Android in Nepal – Doing it the Secure Way

    Bet365 App Review March 2026 – Real Betting Power in Your Pocket

    Bet365 App Review March 2026 – Real Betting Power in Your Pocket

    Most Anticipated New Car Launches in India for 2026

    Most Anticipated New Car Launches in India for 2026

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    India Begins Free HPV Immunisation for Adolescent Girls Across the Country to Prevent Cervical Cancer

    India Begins Free HPV Immunisation for Adolescent Girls Across the Country to Prevent Cervical Cancer

    CJI Takes Suo Motu Action Against NCERT Class 8 Textbook Highlighting Judicial Corruption

    CJI Takes Suo Motu Action Against NCERT Class 8 Textbook Highlighting Judicial Corruption

    Supreme Court of India Cracks Down in Haldwani Eviction Case: Encroachers Cannot Stall Development, Rehabilitation Directed

    Supreme Court of India Cracks Down in Haldwani Eviction Case: Encroachers Cannot Stall Development, Rehabilitation Directed

    Bhopal Sisters Arrested for Conversion and Sex Racket, Used Job Lures, Drugs, and Threats to Exploit Young Women Across States

    Bhopal Sisters Arrested for Conversion and Sex Racket, Used Job Lures, Drugs, and Threats to Exploit Young Women Across States

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    ‘Golden Horizon’ Missile: India Weighs 2,000-Km Israeli Hypersonic Strike Weapon Beyond BrahMos for Deep-Strike Capability

    ‘Golden Horizon’ Missile: India Weighs 2,000-Km Israeli Hypersonic Strike Weapon Beyond BrahMos for Deep-Strike Capability

    Carney to Visit India on Feb 26 as Part of Three-Nation Indo-Pacific Tour

    Carney to Visit India on Feb 26 as Part of Three-Nation Indo-Pacific Tour

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    ‘Golden Horizon’ Missile: India Weighs 2,000-Km Israeli Hypersonic Strike Weapon Beyond BrahMos for Deep-Strike Capability

    ‘Golden Horizon’ Missile: India Weighs 2,000-Km Israeli Hypersonic Strike Weapon Beyond BrahMos for Deep-Strike Capability

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Carney to Visit India on Feb 26 as Part of Three-Nation Indo-Pacific Tour

    Carney to Visit India on Feb 26 as Part of Three-Nation Indo-Pacific Tour

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    Most Anticipated New Car Launches in India for 2026

    ‘POJK Sankalp Diwas’: The Parliamentary Resolution of 22 February 1994 and India’s National Responsibility

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    Kerala to Become ‘Keralam’? Centre May Give Nod Following Assembly Approval

    Kamal Maula Mosque Site In MP’s Bhojshala Built Using Parts of Ancient Temples, Says ASI Report

    Kamal Maula Mosque Site In MP’s Bhojshala Built Using Parts of Ancient Temples, Says ASI Report

    Most Anticipated New Car Launches in India for 2026

    ‘POJK Sankalp Diwas’: The Parliamentary Resolution of 22 February 1994 and India’s National Responsibility

    India AI Impact Summit Expo Extended By A Day After Overwhelming Response; Doors to Remain Open Until February 21

    India AI Impact Summit Expo Extended By A Day After Overwhelming Response; Doors to Remain Open Until February 21

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    1Win App – A Game Changer in Pakistan’s Mobile Casino Scene

    1Win App – A Game Changer in Pakistan’s Mobile Casino Scene

    Installing the Mostbet App on Your Android in Nepal – Doing it the Secure Way

    Installing the Mostbet App on Your Android in Nepal – Doing it the Secure Way

    Bet365 App Review March 2026 – Real Betting Power in Your Pocket

    Bet365 App Review March 2026 – Real Betting Power in Your Pocket

    Most Anticipated New Car Launches in India for 2026

    Most Anticipated New Car Launches in India for 2026

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Delhi HC delivers a split verdict on the criminalisation of marital rape

Abhishek Kumar Singh by Abhishek Kumar Singh
12 May 2022
in Trending
Marital rape case
Share on FacebookShare on X
  • Two judge Bench Delhi High Court has passed a split verdict in the infamous Marital rape case and the onus is now on Supreme Court
  • The Court proceeding drew huge attention from the media and men’s rights groups were subject to vilification campaigns
  • Either the status quo should prevail in Supreme Court’s verdict or it should be made gender-neutral

Of all the social bonds ever created by humans, marriage has turned out to be the most civilisational stabilising advent. That is why it was not a surprise when the two-judge Bench of Delhi High Court (HC) could not come to a unanimous conclusion in the marital rape verdict.

High Court delivers split verdict

Now, the onus is on the Supreme Court to decide whether the law of the land will call the husband a criminal based on the sole testimony of his wife. As of now, Delhi High Court has refused to take sides and status quo prevails, that is if the wife fails to prove that her husband did not force her for sex, then her husband will not be called a rapist.

RelatedPosts

No Mercy For Kuldeep Singh Sengar: SC Denies Relief To Convicted Rapist and Custodial Death Conspirator

High Court Issues Notice to Delhi Govt Over Illegal Multi-Storey Mosque Built on Park Land in Mangolpuri

Delhi Riots Bail Battle ‘Evidence Speaks Louder Than Narratives’ : How Left Cabal Tried to Shield Umar Khalid & Sharjeel Imam

Load More

On Wednesday, 11 May 2022, Delhi HC passed a split verdict in the infamous Marital rape Case. Justice Shakdher held that the exception to a husband in rape laws is unconstitutional. “The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of Article 14 and are therefore struck down”, opined Justice Shakdher.

His colleague Justice C Hari Shankar did not agree with Shakder’s opinion. He said that striking down the exception will end up creating a new category of offence, which was not there in the first place. “As, by allowing the petitioners’ pleas, we would be creating an offence, I am of the opinion that, irrespective of and in addition to all other contentions advanced by the petitioner, and all other considerations that arise in this case, it is impossible for this Court to grant the reliefs sought by the petitioners, as it would result in creation of an offence, which is completely proscribed in law.” said Justice C Hari Shankar

However, both judges were gracious in granting the parties the opportunity to approach the Supreme Court.

Petitioners argued that the exception did not grant bodily autonomy to women

Four petitions were filed to create the new offence of marital rape. RIT foundation in 2015, the All India Democratic Women’s Association (AIDWA) in 2017, Khushboo Saifi, a marital rape survivor, in 2017, and one by a man accused of rape by his wife filed separate pleas. The main arguments of petitioners revolved around women’s bodily autonomy. Advocate Karuna Nundy argued that the exception violates a woman’s right to dignity, personal and sexual autonomy and her right to self-expression, all of which are provided to her by the Indian Constitution under Article 21.

It was also argued that the exception differentiates women on the basis of their marital status. They argued that whether the woman is married, is living under a live-in set-up, divorced, unmarried or separated, every one of them should have equal rights over her body and the law should be designed in such a way that it would protect their rights.

Read more: The negative impact of Delhi HC’s suggestion on Marital rape on Indian families

Men’s rights groups argued that it was in line with Constitution

In response, Advocate RK Kapoor had urged that forcible intercourse between husband and wife is sexual abuse and not rape. He cited the definition of cruelty as defined under the Domestic Violence Act 2005 to prove his point. He also argued that a wife cannot compel the parliament to criminalise her husband in order to satisfy her ego.

Senior Advocate J Sai Deepak had also intervened from Men Welfare Trust. He argued that exception 2 of Section 375, Section 376B of IPC and Section 198B of CrPC are the basis upon which the institution of marriage is existent. He submitted that exceptions in these clauses are not arbitrary and cannot be invalidated on the ground of Article 14.

Controversial amicus curiae and governments;’ opinion

Looking at the gravity of the case, the Court had also appointed advisors. Senior Advocates Rajshekhar Rao and Rebecca John were appointed as amicus curiae in the case. They both had argued in favour of removing the exception. The appointment of Rebecca was controversial as she was not believed to be impartial in her opinion.

Court had also asked the Centre and Delhi Governments for their opinion. The Union government had argued that it needed a comprehensive approach involving all state governments. It clearly stated that relying on the arguments of a few lawyers may not serve justice. On the other hand, Advocate Nandita Rao, representing the Kejriwal government had argued that in case the husband compels his wife to have intercourse with him, the wife has already multitudes of remedies available including divorce.

Gender-neutral law is a need of the hour

The case drew a vast swath of media attention and men’s rights groups were vilified by media and left-wing social media pandits. While the case was going on issues such as making it gender-neutral also came to the fore. Later, it went into oblivion. Also, the procedural guidelines according to which mere words of the wife would have made the husband a criminal also became a bone of contention.

Read more: Marital Rape Debate: The Side which traditional media won’t tell you

If the Court assumes that a Marriage is a bond in which wife and husband are equal partners, then the liability of fallout should be on both shoulders, rather than one. Everyone agrees that forced sex in marriage is a social evil, but rarely will you find people acknowledging that even wives also do it through emotional coercion.

The onus is now on the Supreme Court. In its attempt to correct the wrongs of society, the SC should refrain from overcorrecting and provide equal rights as well as equal remedies to both genders. Either the status quo should prevail or the offence should be made gender-neutral.

Tags: Delhi High CourtMarital RapeSplit Verdict
ShareTweetSend
Previous Post

Saint or Sinner? – A Sky Documentary that Exposes Mother Teresa

Next Post

After the West, now Turkey extends its begging bowl to India

Related Posts

India Begins Free HPV Immunisation for Adolescent Girls Across the Country to Prevent Cervical Cancer
Trending

India Begins Free HPV Immunisation for Adolescent Girls Across the Country to Prevent Cervical Cancer

25 February 2026

The Government of India is set to launch a nationwide human papillomavirus (HPV) vaccination drive for adolescent girls (14...

CJI Takes Suo Motu Action Against NCERT Class 8 Textbook Highlighting Judicial Corruption
Trending

CJI Takes Suo Motu Action Against NCERT Class 8 Textbook Highlighting Judicial Corruption

25 February 2026

The Supreme Court of India has raised strong objections to the National Council of Educational Research and Training (NCERT)...

Supreme Court of India Cracks Down in Haldwani Eviction Case: Encroachers Cannot Stall Development, Rehabilitation Directed
Trending

Supreme Court of India Cracks Down in Haldwani Eviction Case: Encroachers Cannot Stall Development, Rehabilitation Directed

25 February 2026

The Supreme Court of India has delivered a firm ruling in the Haldwani railway eviction case, declaring that residents...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

00:04:06

Tejas Mk1A: 19th aircraft coupled but Not Delivered: What Is Holding Back the IAF Induction?

00:07:21

Agni-3 Launch Decoded: Why Test an Active Nuclear Missile That’s Already Deployed?

00:05:05

India’s Swadesi ‘Meteor’: World’s Most Lethal BVR Missile | Gandiv| SFDR | DRDO

00:06:48

Between Rafale and AMCA; Where Does the Su-57 Fit | IAF| HAL | Wings India

00:06:10
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited