NEW DELHI: The court cannot decide on the problem of criminalization of marital rape and conscious calls must be taken by laws in this case after considering all aspects, the welfare of the NGO men’s welfare argue in front of the Delhi High Court.
It told the bench, who heard a number of petitions to attack the exception of marital rape, that the court could issue “advisors” but could not determine the “final position” as the same thing was a policy problem to be decided from various factors including gender studies and psychological impacts.
“When the law does not act, the judiciary can issue an advisor or at least make his mind clear with the speed it must move but what does not decide the final result of this problem and what must be taken with the final position respecting the policy is not something that can be decided by the court of law Even if it is the Constitutional Court in Article 226, “debates lawyer J Sai Deepak, who represents NGOs.
Justice Rajiv Shakdher, who is heading to the division bench dealing with this case, however, said that the NGO holder must be accepted, the court “must fold your arms and say listen this is the work of the legislation and we will not do anything”.
“How many years this provision is in the Act? There must be a sense of proportion.
Now if no one moves, what people do when they say they suffer,” said the judge.
Judge Shakhder added that it was confiscated from “legal issues” that must be tested on the constitution.
“We are not aware of the fact that it will affect people but it is (problem) there but we must test it,” said the judge.
Advice for NGOs stated that the rape of marriage was “social problems that were transformed in legal language because he was related to marriage institutions” and therefore the social aspects must be considered.
He clarified that NGOs, who opposed the batch of petitions, did not oppose the recognition of “sexual violence” but seek special treatment to protect marriage and children to avoid “adverse impacts” “usage” of the word “rape”.
“In each jurisdiction, which is contrary to By using the word rape, they have used sexual violence pairs.
The idea is to try and protect wedding institutions and marriage problems so as to speak children and so there are no damaging consequences or no damaging consequences or psychological effects of rape words are used in the context of marriage.
“The bench, also consists of justice.
The applicant has challenged the constitutionality of the exception of marital rape under the 375 Section of the IPC (rape) on land discriminated against against married women who were sexually attacked by their husbands.