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The debate on whether marital rape should be criminalised will see yet another chapter. The Delhi High Court delivered a split verdict on the question on May 11.
The two judges on the HC bench differed on whether husbands should be exempted from Section 375 of the Indian Penal Code, which pertains to rape. While Justice Rajiv Shakdher said that the exception for husbands should be struck down, Justice C Hari Shankar disagreed, stating that the exception was not unconstitutional, and based on intelligible differentia.
Petitioners had sought criminalisation of marital rape, claiming that the exemption under IPC discriminates against married women. Section 375 says that sexual acts by a man with his wife, who should not be a minor, is not rape.
The petitioners can approach the Supreme Court now.
In 2017, the Narendra Modi government had opposed the criminalisation of marital rape, claiming that such a move would destabilise the institution of marriage. However, in February 2022, the Central government sought more time to state its stand before the High Court, but the request was turned down.

What marital rape verdict means: Delhi High Court's split judgment on husband exemption in IPC 375

Marital rape judgment: the two judges on the Delhi HC bench differed on whether husbands should be exempted from Section 375 of the Indian Penal Code, which pertains to rape.

The debate on whether marital rape should be criminalised will see yet another chapter. The Delhi High Court delivered a split verdict on the question on May 11.
The two judges on the HC bench differed on whether husbands should be exempted from Section 375 of the Indian Penal Code, which pertains to rape. While Justice Rajiv Shakdher said that the exception for husbands should be struck down, Justice C Hari Shankar disagreed, stating that the exception was not unconstitutional, and based on intelligible differentia.
Petitioners had sought criminalisation of marital rape, claiming that the exemption under IPC discriminates against married women. Section 375 says that sexual acts by a man with his wife, who should not be a minor, is not rape.
ALSO WATCH:&nbsp;<a href="https://www.editorji.com/india-news/sex-determination-can-t-be-trivialised-delhi-hc-raps-jayeshbhai-jordaar-makers-1652109380861" target="_blank">Sex determination can't be trivialised: Delhi HC raps 'Jayeshbhai Jordaar' makers</a>
The petitioners can approach the Supreme Court now.
In 2017, the Narendra Modi government had opposed the criminalisation of marital rape, claiming that such a move would destabilise the institution of marriage. However, in February 2022, the Central government sought more time to state its stand before the High Court, but the request was turned down.

As India celebrates it's 75th Independence day editorji&nbsp;takes stock with of the landmark judgements that define us with Zia Mody,&nbsp;Founder and Managing Partner at AZB &amp; Partners.&nbsp;In an candid chat with editorji&nbsp;Zia&nbsp;Mody&nbsp;reiterates that India is&nbsp;lucky to have a Supreme Court that is pushing back to maintain judicial independence while maintaining its position as the&nbsp;bastion of democracy.The veteran lawyer also reminds citizens that often democracy hangs by a thin thread.&nbsp;Talking about the tussle of power between the executive and judiciary , Zia&nbsp;sticks to the middle path where she admits that even though the apex court is rightly ring fencing the boundaries of executive power there has been a case of judicial overreach in a few cases.&nbsp;To answer what lies ahead Zia&nbsp;Mody&nbsp;is candid in 'To Do' list for the judicary and government, to priortize&nbsp;and end to 'tax terrorism' and also put the weight behid&nbsp;maintaining electoral sanctity.&nbsp;

India@75: Zia Mody on the judgments that define India & the road ahead

India@75: Zia Mody&nbsp;speaks about the landmark judgements that define our democracy and the tussle of power between executive and judiciary.&nbsp;

Landmark judgements that define India's democracy.&nbsp;

As India celebrates it's 75th Independence day editorji&nbsp;takes stock with of the landmark judgements that define us with Zia Mody,&nbsp;Founder and Managing Partner at AZB &amp; Partners.&nbsp; In a candid chat with editorji&nbsp;Zia&nbsp;Mody&nbsp;reiterates that India is&nbsp;lucky to have a Supreme Court that is pushing back to maintain judicial independence while maintaining its position as the&nbsp;bastion of democracy.The veteran lawyer also reminds citizens that often democracy hangs by a thin thread.&nbsp; Talking about the tussle of power between the executive and judiciary , Zia&nbsp;sticks to the middle path where she admits that even though the apex court is rightly ring fencing the boundaries of executive power there has been a case of judicial overreach in a few cases.&nbsp; To answer what lies ahead Zia&nbsp;Mody&nbsp;is candid in 'To Do' list for the judicary and government, to priortize&nbsp;and end to 'tax terrorism' and also put the weight behid&nbsp;maintaining electoral sanctity.&nbsp;

The Goa bench of the Bombay High Court on Thursday directed the sessions court which acquitted Tarun Tejpal of rape, to redact information about the victim&rsquo;s identity from it judgement before uploading it on the court&rsquo;s website.&nbsp;
The sessions court had made several references to the victim's identity. In its over 500-page judgement, the court had disclosed names of the victim&rsquo;s mother, husband and also her email ID.&nbsp;The appeal was filed by the Goa govt which criticised the judgement for its insensitivity towards the victim and called it &lsquo;astonishing&rsquo;.&nbsp;
Tarun Tejpal, former editor-in-chief of Tehelka&nbsp;magazine, was acquitted by the sessions court in a 2013 rape case on Monday. The court held that the victim did not exhibit any kind of &lsquo;normative behaviour&rsquo; which a victim of sexual assault might show.

Redact victim’s identity from judgement: Bombay HC tells court that acquitted Tejpal 

//&nbsp;Tejpal&nbsp;case:&nbsp;Bombay HC tells court to not disclose victim's identity&nbsp; // Sessions court made references to vicitm's identity in judgment&nbsp; // 'Astonishing':&nbsp;Goa&nbsp;govt challenged Tejpal's&nbsp;acquittal in rape case // Judgement holds that victim didn't show 'normative behaviour'&nbsp;

The Goa bench of the Bombay High Court on Thursday directed the sessions court which acquitted Tarun Tejpal of rape, to redact information about the victim&rsquo;s identity from it judgement before uploading it on the court&rsquo;s website.&nbsp;
The sessions court had made several references to the victim's identity. In its over 500-page judgement, the court had disclosed names of the victim&rsquo;s mother, husband and also her email ID.&nbsp;The appeal was filed by the Goa govt which criticised the judgement for its insensitivity towards the victim and called it &lsquo;astonishing&rsquo;.&nbsp;
Tarun Tejpal, former editor-in-chief of Tehelka&nbsp;magazine, was acquitted by the sessions court in a 2013 rape case on Monday. The court held that the victim did not exhibit any kind of &lsquo;normative behaviour&rsquo; which a victim of sexual assault might show.

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