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New Delhi: The Delhi High Court on Tuesday said that there cannot be a distinction between the respect of married and unmarried women and a woman, whether married or not, has the right to say ‘no’ to a sexual relationship which is consensual. The court observed that the important point is that a woman is a woman and she cannot be weighed differently in any relation.
The High Court said, “To say that, if a woman is forced to have sex with her husband, then that woman cannot resort to section 375 (rape) of the Indian Penal Code and she will have to resort to any other criminal or civil law.” , not right.” Hearing petitions seeking criminalization of marital rape, the bench asked, “If she is a married woman, doesn’t she have the right to say ‘no’?”
A bench of Justices Rajiv Shakdher and C. Hari Shankar said that exemption from prosecution of husband under Section 375 of the Indian Penal Code has created a wall and the court will have to see that the wall is covered under Article 14 (Law) of the Constitution. 21) and 21 (protection of personal liberty and life).
The court listed the matter for Wednesday for further hearing. The bench was hearing petitions filed by NGOs, RIT Foundation, All India Democratic Women’s Association, a man and a woman.
