Not Against Recognition Of Spousal Sexual Violence: Men Welfare Trust To Delhi High Court

The petitioners sought criminalisation of marital rape, making it an offence and crime punishable under law. Appearing for MWT, Advocate J Sai Deepak said, “The entity that I represent is not against recognition of spousal sexual violence. Some of the news reports have slightly been misconstrued on submissions.

“In our opinion, the Judges must maintain judicial self-restraint, while exercising the power of judicial review of legislation,” he further said, adding that in this case, immunity provided was to protect the civil liberties of the husband, thanks to the nature of the relationship. The arguments, which were inconclusive today, will continue before the same bench on Monday. Amicus Curiae (Friend of the Court), Advocate Rebecca M John, who is assisting the court in the matter, had said that there was a fair expectation of sexual relationship in a marriage.

“Expectation cannot be penalised. The spouse has a right to resort to civil remedies. But if the expectation becomes a physical act based on coercion and force, then that sexual act must become an offence,” John argued before the Delhi High Court. The Centre had filed a fresh affidavit in the Delhi High Court on the issue and maintained that it was examining the issue of broad changes in criminal law of the country and that the petitioners could also give their suggestions to competent authorities