You cannot claim right to have sex with partner, says Delhi HC during marital rape case hearing

While hearing a batch of petitions seeking criminalisation of marital rape, Delhi High Court’s Justice C Hari Shankar said, “Even in a marriage, you cannot claim the right to have sexual intercourse with a partner.”

While hearing a batch of petitions seeking criminalisation of marital rape, Delhi High Court’s Justice C Hari Shankar said on Thursday, “Even in a marriage, howsoever elevated we may take the expectation of sexual relationship, you cannot claim the right to have sexual intercourse with a partner.”

To this, amicus curiae Rebecca John, who is assisting the court, added, “There is a fair expectation of sexual relationship in a marriage. Expectation cannot be penalised. The spouse has a right to resort to civil remedies. But if the expectation becomes a physical act based on coercion and force, then that sexual act must become an offence.”