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  India   All India  08 Sep 2017  Marital rape case: Delhi HC adjourns matter for September 20

Marital rape case: Delhi HC adjourns matter for September 20

Published : Sep 8, 2017, 5:27 pm IST
Updated : Sep 8, 2017, 5:27 pm IST

The PIL filed requests that marital rape be criminalized and treated as rape.

Delhi High Court. (Photo: File/PTI)
 Delhi High Court. (Photo: File/PTI)

New Delhi: The Delhi High Court on Friday adjourned the hearing on Public Interest Litigation (PIL) seeking criminalization of marital rape.

The matter will be next heard on September 20.


The PIL requests that marital rape should be criminalized and treated as rape.

On Friday, the court was informed that a similar kind of PIL which was was being heard in the Supreme Court is has different grounds.

The court was told that the apex court is hearing a matter which concerns women who are between the age of 15 to 18 but the PIL which has been submitted in the Delhi High Court concerns women of all ages.

The court also appointed Senior Advocate Raju Ramchandran as the amicus curiae in the matter.

On September 6, the apex court reserved its verdict on a plea seeking clarification if a man's physical relation with his wife below 18 years of age amounts to rape or not.


The apex court was hearing a plea filed by an NGO seeking to make marital rape a criminal offence.

Earlier, the hearing was to be carried out by the Delhi High Court, but they put it on hold after learning that the SC has taken up for hearing of a petition on a similar matter.

The HC then asked the parties before it to find out if the issues raised before it in the petitions seeking to make marital rape an offence are similar to those being heard by the apex court.

The NGO, who had filed the plea, is opposing this as they argue that while SC is hearing a plea questioning the validity of a provision under the IPC permitting a man to have physical relationship with his wife, even if she was aged between 15 and 18 years.


The issue before the HC is different as the PILs challenge the constitutionality of Section 375 (rape) of the Indian Penal Code (IPC) on the ground that it discriminates against married women being sexually assaulted by their husbands.

Tags: public interest litigation, marital rape criminalization, delhi high court, indian penal code
Location: India, Delhi, New Delhi