A split verdict by the Delhi High Court on criminalisation of marital rape has led this issue to the apex court. Should the common law understanding of marriage be judicially discarded as in the UK?
The Delhi High Court on Tuesday asked Senior Advocate and Amicus Curiae Rebecca John to consider whether the postulation that the exception to Section 375 of the Indian Penal Code, 1860, takes away or abridges the right of a woman to prosecute for rape when the perpetrator is the husband is a correct and proper analysis of the exception.