TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Indian, Royal Thai Armies Exchange Combat Skills in Exercise MAITREE-XV

    Indian, Royal Thai Armies Exchange Combat Skills in Exercise MAITREE-XV

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Indian, Royal Thai Armies Exchange Combat Skills in Exercise MAITREE-XV

    Indian, Royal Thai Armies Exchange Combat Skills in Exercise MAITREE-XV

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    • 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

Delhi HC Draws Line on ‘Offensive’ Content, Refuses Immediate Relief to Viral Cockroach Janta Party

Was Justice Yashwant Verma “Framed” in the ‘Cash Note’ Case? Inside Story of the 13-Page Letter

Delhi High Court Orders Immediate Takedown of Honey Singh–Badshah Track ‘Volume 1’, Calls Lyrics Deeply Offensive

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

Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit
Trending

Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

25 August 2026

The cancellation of Telangana Chief Minister A. Revanth Reddy’s proposed United States visit has triggered a political controversy after...

Allahabad HC Rejects Hijab Plea in School Uniform
Trending

Allahabad HC Rejects Hijab Plea in School Uniform

25 August 2026

The Allahabad High Court has dismissed a petition filed by a Muslim Class XI student seeking permission to wear...

UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative
Trending

UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

25 August 2026

A new report by the United Nations Committee on the Elimination of Racial Discrimination (UNCERD) has triggered a sharp...

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

OP SINDOOR: HOW WOMEN PILOTS BRAHMOSED LASHKAR DEN

OP SINDOOR: HOW WOMEN PILOTS BRAHMOSED LASHKAR DEN

00:03:55

Why India Needs a Bigger Navy | More Ships, More Presence, More Maritime Power

00:05:33

India’s Fighter Force Needs More Than Jets | Here’s Why 150 Trainers Matter ? IAF | HAWK | HAL

00:04:44

RAW Chief’s Dhaka Visit: Is India Rebuilding Security Ties With Bangladesh? Reset or Routine?

00:03:30

Kargil From the Sky: Inside IAF’s Operation Safed Sagar

00:05:36
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