The Delhi High Court‘s split verdict on the issue of criminalisation of marital rape has been termed ‘disappointing’ by some women activists, who now hope that the Supreme Court will exercise “much more wisdom” in the matter.

All India Progressive Women’s Association member Kavita Krishnan believes that the Delhi HC has “simply passed the buck” to the Supreme Court in the matter.

“The verdict by High Court is very disappointing and upsetting. The legal issue is very clear and it is discriminatory against one category of rape victims–wives. I hope that SC will show the courage and clarity needed for removing this shameful law,” she said. 

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On Wednesday, one of the judges of the Delhi DC favoured the striking down of the provision while the other held it was not unconstitutional. 

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Vani Subramanian, a member of the women’s group Saheli Trust, questioned that if domestic violence is a crime in India, then how is marital rape not a crime.

“It is a very sad day. If this (marital rape) has happened, we need to acknowledge it, we cannot only consider the cases where it is very brutal. Women’s consent is central to this and the idea of equality, of bodily integrity. There needs to be some clarity on violence, that violence is violence where ever it happened. This is also a part of domestic violence. So domestic violence is a crime so how come rape is not a crime. I hope the Supreme Court will exercise much more wisdom,” Subramanian said.

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Anti-rape activist Yogita Bhayana, however, said she was content that at least discussion around marital rape has begun.

“I am happy that it has been referred to SC bench because now the order will be unbiased. The discourse around the matter has started. One year back, people were not even talking. Now they have started discussing,” she said.