In the batch of petitions filed asking for striking down marital rape to be an exception under the Penal Code, 1860, Delhi High Court passed a split verdict.
Justice Rajiv Shakdher held that Exception 2 to Section 375 IPC, which exempts the husband from the offence of rape for forcible sex with the wife, is unconstitutional.
Justice C. Shankar held that Exception 2 to Section 375 IPC is not unconstitutional and there is an intelligible differentia. In his opinion, the challenge cannot sustain.
[Judgment copy awaited]