New Delhi: Can a wife be able to wear a lower or less empowered base than sex workers who have the right to say no at any stage, the Delhi High Court said on Thursday while hearing a number of petitions on marital rape.
The court statement came when it showed that to exclude the “certain circumstances” of Ambit Rape “due to inter-party relations” troubled and that the exception of marital rape can be examined in the light of protection given to sex workers in legal rape.
Judge Rajiv Shakdher and C day Shankar heard Amicus appointed in court about the reason why exceptions were given below section 375 (rape) of the Indian Criminal Code (IPC) must be hit.
Judge Shakdher showed that the rape law did not provide the release of forced relationships with sex workers who chose to draw approval at a late stage, wondering why a wife must be “less empowered”.
“Our court has so far said he can say no at any stage.
Can a wife put in a lower base? Less empowered in law?” He said.
Amicus Raj Shekhar Rao added that the foundation of Part 375 is the lack of agreement and there is no reason to provide fewer protection to women who are married to non-consensual sex.
He also told the bench that he had received advice from various quarters.
“Advocate Rushab Aggarwal highlighted that part 375 contemplating a mistaken case of identity by the wife of the man as her husband.
It talks about a wife who gives approval under the wrong identity, which shows even in marriage, the approval element must be given,” Send Rao.
However, Judge Shankar said that sex expectations in the case of marriage relations were not the same as in the example of sex workers.
“We must show that the legislature, does not make it (violations) can be punished when rape, has acted unconstitutional.
Let’s not equalize both, you are in the sticky goal here,” he said.
The judge also noted that most arguments were in “anger rather than the law” and asked Rao to focus on the legal aspects.
“We are a court, we must not damage (sic) just by showing anxiety and the fate of his wife, but we also have to see the legal aspects,” he added.
Meanwhile, the center on Thursday told the High Court that it considers the “constructive approach” to the problem of criminalizing marital rape and has sought advice from the state government, chairman of Mahta India, parliamentary members and others about comprehensive amendments to all criminal law.
Justice Rajiv Shakdher revealed that lawyer General Tushar Mehta said the problem was in front of him the previous day.
Monika Arora’s Central Government lawyer told the bench that the center did a comprehensive task of changing criminal law, which included the IPC 375 section.
The court will continue to hear this problem on Friday.
If sex workers can say no, why wives cannot: HC
