New Delhi: Delhi High Court on Monday granted two weeks to the Centre to state its stand on petitions seeking criminalisation of marital rape following Solicitor General Tushar Mehta’s submission that the government is neither in favour nor against striking down the immunity granted to husbands under the Indian Penal Code. Mehta emphasised that a “holistic view” has to be considered on criminalising marital rape which is a sensitive socio-legal issue and a request for deferring further hearing was not unjustifiable.
He also clarified that the Centre’s stand on the petitions was reflected in its last affidavit seeking time to undertake a consultative process for a decision.“It is not the central government’s stand that it (the exception) should either go or it should remain,” he said.“ I am saying neither… The central government’s stand is reflected in the last affidavit which we have filed.
Let it not be said that we are in favour of retaining (or) we are deleting it,” he added.“We worship women. It is possibly the only country where we worship women but while dealing with a sensitive socio-legal statutory provision, a little more holistic view is called for without which is not possible for central government to render assistance,” Mehta submitted. A bench headed by Justice Rajiv Shakdher, which is dealing with the petitions seeking to strike down the exception granted to husbands under the Indian rape law, observed that the issue has to be decided either by the court or the legislature and granted two weeks to the Centre to formulate its stand.
“We don’t claim to be a repository of all wisdom but it is our job as a Constitutional court to decide a lis which comes before us… We don’t even know what call we are going to take at the moment (on the issue),” said the bench, also comprising Justice C Hari Shankar.
“We will give you two weeks. You come back. As a court, it does not gel with us that we keep the matter pending,” remarked the court which listed the case for hearing on February 21.“The central government has to take a decision. The legislature is the third wing this is a matter where we want to hear you,” said Justice Shakdher.
The court was hearing PILs filed by NGOs RIT Foundation, All India Democratic Women’s Association, a man and a woman seeking striking down of the exception granted to husbands under the Indian rape law. Mehta asserted that the protection of the fundamental rights of women was a matter of priority and the present petitions should not be treated as merely concerning the validity of a constitutional provision. “We are dealing with a larger issue…The subject matter has very far-reaching socio-legal implications in the country. None of us can take it as a mere validity challenge,” he submitted. AGENCIES