Criminalizing Marital Rape: Delhi HC bench differs- Refers matter to SC

RIT Foundation Vs Union of India (Delhi High Court) Delhi High Court bench differed members differed in their views while hearing on  a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape and referred the matter to Supreme Court as it involves substantial questions of law. Justice Rajiv Shakdher held that Impugned provisions [i.e. Exception 2 to Section 375 (Rape) and Section 376B of the IPC as also Section 198B of the Code], insofar as they concern a husband/separat...