New Delhi, Jan 20 (Agency) Delhi High Court on Thursday said that even in a marriage, one may take the expectation of sexual relationship, you cannot claim the right to have sexual intercourse with a partner. “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,” Justice C Hari Shankar of the Delhi High Court said, while hearing a batch of petitions seeking criminalisation of marital rape. Amicus curiae (Friend of the Court) Rebecca M John, who is assisting the court, in the matter said, 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,” John argued before the Delhi High Court.
“Not every man in a marital relationship is sought to be punished. Not every act in a relationship is sought to be punished. What is sought to be brought under the purview [of law] is the act of sexual relationship with wife against her consent,” she said. The Delhi High Court is hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code (IPC) and seeking a direction that the marital rape be declared as an offence and a crime. The Centre had filed a fresh affidavit recently in the Delhi High Court in response to a clutch of petitions to criminalise marital rape, and maintained that it is examining the issue of broad changes in criminal law of the country and that the petitioner could also give their suggestions to the competent authorities. The arguments which were inconclusive today will continue before the same bench of the Delhi High Court tomorrow.
An intervenor, Purush Aayog, has moved the DHC and stated that ot be heard in thr matter, to which, the DHC asked ot to file their representation to the concerned authorities. The intervenor, through its lawyer, Vivek Narayan sharma, said that the law has rightly distinguished & classified the status of married and unmarried women. Consent and willingness for sexual acts and overtures are ingrained and inseparable in the very act of marriage. “The question of Rape would only arise when the married woman leaves the company of her husband (i.e. starts living separately, whether under a decree of separation or otherwise), in effect leave the Marital Bed, and in such a situation, if the husband has sex with the wife without her consent, the same would amount to rape,” Sharma said.