Marital rape case: Even sex workers can say 'no', but not married woman, says Delhi High Court judge
FirstpostThe right to withdraw consent at any given point in time forms the core of the woman’s right to life and liberty which encompasses her right to protect her physical and mental being, says Justice Shakdher New Delhi: Justice Rajiv Shakdher of the Delhi High Court Wednesday ruled in favour of criminalising marital rape and said the continuance of this immunity under the Indian Penal Code is “egregiously problematic” as it emasculates the woman’s right to trigger prosecution against her husband for non-consensual intercourse. Justice Rajiv Shakdher, who headed the division bench which delivered the split verdict on criminalising marital rape, stated that although the right to withdraw consent forms the core of the woman’s right to life and liberty and the marital rape exception makes no allowance for the circumstances in which a wife may say no to sex with her husband, which only exacerbate the lack of autonomy and sexual agency which stands embedded in the provision. What makes the continuance of MRE on the statute egregiously problematic is, while it emasculates the woman’s right to trigger prosecution against her husband for non-consensual sex, women, who are sex workers or are separated from their husbands, are invested with this right, said Justice Shakdher. Justice Shakdher also opined that the argument that striking down marital rape exception would result in the lodgement of false cases is based on a notion which is not backed by any empirical data.