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Marital rape: 'Executive must bite bullet', Delhi HC asks Centre to take a stand

Marital rape: 'Executive must bite bullet', Delhi HC asks Centre to take a stand

India Today
Monday, February 21, 2022 12:50:25 PM UTC

Delhi HC has refused to grant more time to the Centre to take a stand on the pleas to criminalise marital rape.

The Delhi High Court on Monday reserved its judgment on various pleas seeking criminalisation of marital rape. The HC also refused to give more time to the Centre to clear its stand on the issue.

During the hearing, the Centre submitted that it would take a stand only after consulting with the states. Solicitor General Tushar Mehta, appearing for the central government, said that a communication has been sent to all states and Union territories asking for their comments on the issue. He urged the court that the proceedings be adjourned till such time as the inputs are received.

"The issue impacts different aspects - social life, family life etc. There are very few cases where such broad implications are found by the Centre. We would be able to put our stand only after consultation and do not find it prudent to say anything without consulting with the stakeholders," Tushar Mehta said.

A bench of Justices Rajiv Shakdher and C Hari Shankar said it was not possible to adjourn an ongoing matter as there is no terminal date by when the Centre's consultations will be over on the issue.

The bench said that someone needed to take a call on the matter.

"Everyone has their views on the matter. It is your job to give your opinion. The burden lies on the executive. You have to bite the bullet. You have to make a decision. Right now you’re not either here or there," the bench told the Centre.

"A decisive executive has to say yes or no. Nobody stops the executive from changing its stand," the HC bench said.

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