Irrespective of marital status, every woman has right to say no to non-consensual sex: Delhi High Court
Zee News
A bench of justices Rajiv Shakdher and C Hari Shankar said the exception from prosecution given to husbands under section 375 of the Indian Penal Code (IPC) has created a firewall and the court has to see if the firewall is violative of Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution.
New Delhi: The Delhi High Court on Tuesday wondered how the dignity of married and unmarried women can be differentiated and asserted that irrespective of marital status, every woman has the right to say 'no' to a non-consensual sexual act. The high court said the rationale and the thrust are that a relationship cannot be put on a different pedestal as a woman remains a woman.
“Just because she is married so she can take recourse of other civil and criminal laws and not under section 375 (rape) of the IPC if she is a victim of forcible sexual intercourse by her husband, is not alright,” it said.
The bench, while hearing a batch of petitions seeking criminalisation of marital rape, also asked, “Just because she is married, does she lose her right to say 'no'?" A bench of justices Rajiv Shakdher and C Hari Shankar said the exception from prosecution given to husbands under section 375 of the Indian Penal Code (IPC) has created a firewall and the court has to see if the firewall is violative of Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution.
