Delhi HC reserves judgment on pleas seeking criminalisation of marital rape

The court had earlier granted two weeks to the Centre to clarify its stand on the matter which has remained pending since 2015. Though the government had replied to and opposed the petitions in 2017, it had last month asked the court to defer the proceedings in the case to await the outcome of its consultation on the subject with states and other stakeholders.

The Centre on Monday told the court that its earlier stand on the matter should not be treated as final. It added that it wanted to place on record a fresh stand after holding consultations.

Solicitor General Tushar Mehta on Monday reiterated the request and submitted that the Centre has written to the chief secretaries of all the state governments and Union Territories as well as to the National Commission for Women on February 10 on the issue of marital rape. Mehta told the court that the Centre is awaiting a response from them and it would be desirable to defer the final adjudication on the question of marital rape.

However, the court said that it cannot let the matter “hang like this”. “Your consultation can go on. Even after we conclude, we hear the matter, reserve for judgement, if you come back with something we will look at it. To say that defer it endlessly, this cannot happen,” the court told the Centre, adding that the government’s stand can be taken on record even after the judgment is reserved.

Though Mehta insisted, saying that the issue before court affects social life and human relationships, the court declined the request and said that its verdict may only be an input on the issue.

“Someone needs to take the call…If you agree with the petitioners or the respondents, say it … so that we can move further. As they say, like a Trishanku, you are neither here nor there. Of course, we are not Vishvamitra that we can put someone there as Trishanku,” said the bench.