[Marital Rape case] Committed to protecting rights of every woman: Centre asks Delhi High Court to defer hearing

The Central government has asked the Delhi High Court to defer the hearing in marital rape petitions for a ‘stipulated time’ within which it will “conduct an effective consultative process“, after which it would be in a better position to assist the Court [RIT Foundation v Union of India]..“It is respectfully reiterated that if the matter which is pending since 2015 awaits such fruitful exercise for some time, no prejudice would be caused and it will be possible for the Centre Government to assist the Court meaningfully and would be possible for this Hon’ble Court to take holistic view rather than deciding such a sensitive issue as a mere legal question based upon the submission of few lawyers,” the affidavit by the Ministry of Home Affairs (MHA) said..Pertinently, the government in its affidavit stated that it is committed to fully and meaningfully protecting the liberty and rights of every woman, and the question involved in the petition may not be treated merely as a question concerning the constitutional validity of a statutory provision, as the subject matter has very far-reaching socio-legal implications in the country.The issue needs a comprehensive approach rather than a strictly legal approach, it was submitted.“Both the executive and the legislature are equally concerned and committed to the protection of fundamental rights of its citizens. However, it is the considered opinion of the Central Government that this Hon’ble Court can be assisted only after a consultative process is undertaken by the Central Government with all stakeholder including all the State Governments,” the affidavit said..The Delhi High Court has been dealing with a batch of petitions demanding the criminalisation of marital rape. The petitions have challenged Exception 2 to Section 375 of the Indian Penal Code (IPC) which effectively provides that charges of rape cannot be drawn against husband if they establish forceful sexual relations with their wives. .The Central government has, on several occasions, asked the Delhi High Court to give it some more time to come up with its stand on the issue. Both Solicitor General Tushar Mehta and Assistant Solicitor General (ASG) Chetan Sharma had asked the Bench to defer the hearings. The Court has, however, continued with the hearing of the case, stating that the Union government has a very big role to play in the matter and therefore it needs to make its stand clear soon..On Wednesday, Women and Child Development Minister Smriti Irani, while answering a question posed by CPI Member of Parliament (MP) Binoy Viswam on marital rape, had told the Rajya Sabha that a process for comprehensive amendments to criminal laws in consultation with all the stakeholders was under way..[Marital Rape] Process for comprehensive amendments to criminal laws initiated: Central government in Parliament