Don't over-emphasize wife's consent, husband's right to sex: Delhi High Court

Delhi High Court's observation on marital rape demand

Don't confuse the logic given in the law by using words like wife's consent, wife's consent ... Judge Bhadkya

Married couple right to want sex from each other, not unmarried: High Court clarifies

New Delhi: A number of petitions have been filed in the Delhi High Court alleging marital rape, during which the High Court clarified that partners have the right to have sex with each other if they are married. While this right does not belong to an unmarried partner.

While arguments were going on in the High Court, words like wife's permission were frequently used by a court friend who supported convicting marital rape. Following this, outraged High Court Judge C Harishankar said that the husband has the right to have sex with his wife. While this right is not given to unmarried couples.

The judge said that people bound by marriage can have sex with each other, this is also their right. While those who are not married can have this kind of hope but it cannot be claimed. Amicus curiae Rebecca Joan repeatedly used words such as his wife's consent during the hearing of a petition seeking to criminalize marital rape.

Which the judge disagreed with. He said that Parliament had provided some rational grounds to justify the exception mentioned in Article 375 of the Indian Penal Code (IPC) for providing protection to husbands.

By using words like consent, consent, we are confusing the whole argument and the reasoning given in the law. We cannot turn a blind eye to the fact that Parliament makes laws with the Constitution in mind. In one case in particular, we cannot repeal a provision that does not appear to be a crime.