On May 12, 2022, a two-judge bench of the Delhi High Court pronounced a split judgment on the issue related to criminalising marital rape. Judge Justice Rajiv Shakdher ruled in favour of criminalising it. At the same time, Justice C Hari Shankar disagreed with the opinion and held that Exception 2 to Section 375 does not violate the Constitution as it is based on intelligible differences. After this, many petitions were filed before the SC, challenging the Delhi HC verdict and seeking appropriate orders and directions, including that of making marital rape as offence. Solicitor General (SG) Tushar Mehta, senior law officer representing the Centre, had on January 16, 2023, told the apex court that the issue has legal as well as “social implications” and that the govt would like to file its response to the petitions.The PILs have challenged the constitutionality of the marital rape exception under Section 375 (Rape) of the IPC (Indian Penal Code (IPC) on the ground thatit discriminates against married women who are sexually assaulted by their husbands. Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife is not a rape.
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