Rajasthan moves SC to be party in case on marital rape exception under Section 375 | India News
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JAIPUR: Rajasthan filed a special leave petition in Supreme Court Monday, asking to be made party to a case pertaining to the constitutional validity of marital rape being treated as an exception under Section 375 of the IPC. The BJP govt’s petition cites a heap of marital-rape cases in the desert state as the reason why its views should be heard by the apex court.
The IPC states that sexual intercourse between a man and his wife, provided she isn’t under 15, does not constitute rape.SC had sought to know the Centre’s stand on the marital-rape exception in Section 375. Under the Bharatiya Nyaya Sanhita that replaced IPC with effect from July 1, exception 2 to Section 63 (punishment for rape) states that intercourse or other sexual acts by a man with his wife won’t be treated as rape unless the latter is below 18.
Rajasthan’s petition is in the context of the “Hrishikesh Sahoo vs State of Karnataka and others” case. Additional advocate general Shiv Mangal Sharma said the apex court’s decision would have implications for everyone, and Rajasthan wanted to “represent the interest of victims of marital rape in the state”.
“Through this application, we are aiming to assist the Supreme Court in deciding the constitutionality of the marital-rape exception, and to provide a comprehensive perspective on the social, cultural, and economic conditions affecting the interpretation of Section 375,” Sharma said.
The IPC states that sexual intercourse between a man and his wife, provided she isn’t under 15, does not constitute rape.SC had sought to know the Centre’s stand on the marital-rape exception in Section 375. Under the Bharatiya Nyaya Sanhita that replaced IPC with effect from July 1, exception 2 to Section 63 (punishment for rape) states that intercourse or other sexual acts by a man with his wife won’t be treated as rape unless the latter is below 18.
Rajasthan’s petition is in the context of the “Hrishikesh Sahoo vs State of Karnataka and others” case. Additional advocate general Shiv Mangal Sharma said the apex court’s decision would have implications for everyone, and Rajasthan wanted to “represent the interest of victims of marital rape in the state”.
“Through this application, we are aiming to assist the Supreme Court in deciding the constitutionality of the marital-rape exception, and to provide a comprehensive perspective on the social, cultural, and economic conditions affecting the interpretation of Section 375,” Sharma said.
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