[BREAKING] Delhi High Court delivers split verdict on marital rape criminalisation

A division bench of the Delhi High Court on Wednesday delivered a split verdict in the martial rape case on the validity of Exception 2 to Section 375 of the Indian Penal Code (IPC). .The Exception effectively provides that charges of rape cannot be attracted against a man who has non-consensual sex with his wife.The validity of the same had been challenged before the High Court. .The two judges on the Division Bench, Justices Rajiv Shakdher and C Hari Shankar differed in their verdicts. While Justice Shakdher struck down the provision as unconstitutional, Justice Shankar upheld the same. "The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of article 14 and are, therefore, struck down," Justice Shakdher held. "I do not agree. There is no support to show that impugned exception violates Articles 14, 19 or 21. There is an intelligible differentia. I am of the view that the challenge cannot sustain," Justice Shankar held. .The bench had, on February 21, reserved its orders in the petitions which challenged Exception 2 to Section 375 of the Indian Penal Code (IPC), which exempts non-consensual sex between husband and wife from the ambit of rape.The Court had also appointed Senior Advocates Rebecca John and Rajshekhar Rao as amici curiae in the matter.At the last hearing, Solicitor General Tushar Mehta, appearing for the Central government, had told the Delhi High Court that a stand on the issue could only be taken by the Centre after consultation with state governments and other stakeholders.He stressed that since this case could have an impact on social and family life with wide consequences, the Centre would only put forth its stand after the consultative process.However, the Court declined to defer the hearing in the matter and proceeded to hear out other parties before reserving its verdict. Read summary of the arguments by lawyers here. .Read about day to day hearings below.Day 1Day 2Day 3Day 4Day 5Day 6Day 7Day 8Day 9Day 10Day 11Day 12Day 13Day 14Day 15Day 16Day 17Day 18Day 19.[Read Judgment]