[Marital Rape] A decisive executive has to say yes or no: Delhi High Court as Centre defers stand pending consultation

The Central government told the Delhi High Court on Monday that it would not be prudent for it to take a stand on the issue of criminalisation of marital rape until it consults all stakeholders involved [RIT Foundation v. Union of India]..The submission was made by Solicitor General Tushar Mehta before a Division Bench of Justices Rajiv Shakdher and C Hari Shankar, which has been hearing a batch of petitions demanding the criminalisation of marital rape.Justice Shakdher said that a decisive executive has to say whether it agrees with the petitioners or not and argue its case.“A decisive executive has to say Yes or No. No one stops you from changing your stand…Tell us when you want to start. You argue on law. There are no facts as such in this matter,” he told Mehta..The petitioners have asked the Court to strike down Exception 2 to Section 375 of the Indian Penal Code, which effectively provides that charges of rape cannot be attracted against husbands even if they establish forceful sexual relations with their wives..During today's hearing, SG Mehta informed the Bench that a fresh affidavit has been filed by the Centre reiterating its earlier position that it needs more time to form a considered view on the issue. The Court was told that a communication has been sent to all state governments asking for their suggestions ‘most immediately’.“As narrated in the earlier affidavit, it is our considered stand that a stand will be taken only after consultation with the state governments and other stakeholders… A communication dated February 10 has also been sent to the state governments and other stakeholder asking for their suggestions. We therefore reiterate that it is desirable that the hearing be deferred,” Mehta said..When the Bench queried if the Union has received any response to the communication from any of the state governments, Mehta replied in the negative..SG Mehta also argued,“Generally, when a legislative enactment is challenged, we taken a stand. But those are commercial or taxation laws. There are very few cases when such wide consequences are found...It is therefore our stand that we will be able to put our stand only after consultation,” he said..The Solicitor General reiterated that he would not go beyond what is already stated in the affidavit, adding that there is no stand of the Centre on the issue except that the matter be deferred. Therefore, the counter affidavit filed by the Centre in 2017 should not be considered as its position.“We have no counter as yet,” Mehta said..As reported earlier, there are two affidavits filed by the Centre in the matter so far. The 2017 affidavit opposed the petitions, and the written submissions filed this year were also on the same lines.Mehta, as well as Additional Solicitor General (ASG) Chetan Sharma, however, have said that neither of these affidavits reflect the Centre's stand on the issue..The Bench, however, said that it cannot defer indefinitely an ongoing matter. It noted in its order that since the parties have already addressed their arguments, judgment is reserved..[BREAKING] Delhi High Court reserves judgment in petitions seeking criminalisation of marital rape.Here are the summaries of what happened at previous hearings:Day 1Day 2Day 3Day 4Day 5Day 6Day 7Day 8Day 9Day 10Day 11Day 12Day 13Day 14Day 15Day 16Day 17Day 18Day 19