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Centre Urges Delhi HC To Defer Hearing On Pleas To Criminalise Marital Rape

Conducting the marathon proceedings on a daily basis, the High Court will now hear this matter on Friday.

New Delhi: Urging the Delhi High Court to defer the hearing on pleas to criminalise marital rape, the Centre on Thursday maintained it is committed to protecting “the liberty, dignity and rights of every woman who is the fundamental foundation and pillar of a civilised society”.

In an affidavit filed before a High Court bench of Justices Rajiv Shakdher and C. Hari Shankar, the Centre said it will provide a time-bound schedule within which it will carry out an effective consultative process on the issue, PTI reported.

Conducting the marathon proceedings on a daily basis, the High Court will now hear this matter on Friday.

The High Court bench is hearing a batch of petitions to strike down the exemption from prosecution for the offence of rape granted to husbands under the Indian Penal Code (IPC).

The ruling dispensation had recently told the High Court that it is re-looking at its earlier stand on petitions seeking criminalisation of marital rape as that was brought on record in the affidavit filed several years ago.

The Central government had earlier in 2017 opposed the petitions seeking to criminalise marital rape.

Earlier on Wednesday, advocate Karuna Nundy told the Delhi High Court that marital rape exception under Section 375 of the IPC is unconstitutional because it gives primacy to the institution of marriage over the individuals in the marriage.

Nundy was making her rebuttal submissions before a division bench of Justices Rajiv Shakdher and C. Hari Shankar in a batch of petitions demanding the criminalisation of marital rape, Bar and Bench reported.

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