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Добавлено: Thu May 12, 2022 11:54 am Заголовок сообщения: Delhi high court gives split verdict |
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Delhi high court gives split verdict
An Indian court failed to deliver a verdict in a case seeking to outlaw marital rape after two judges expressed opposing views.
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One judge struck down an exception in a British-era law that says a man cannot be prosecuted for rape within marriage.
But the second judge refused to modify Section 375 of the Indian Penal Code which says sex "by a man with his own wife" who's not a minor is not rape.
The case is now expected to be appealed in the Supreme Court.
Wednesday's Delhi high court order comes as a setback for feminist advocates who have been campaigning for a change in the law, which has been in existence since 1860.
Over the years, more than 100 countries have outlawed marital rape - including Britain in 1991.
But the law remains on the statute books in India, with the idea for the exception rooted in the belief that consent for sex is "implied" in marriage and that a wife cannot retract it later.
Campaigners, however, say that forced sex is rape, regardless of who commits it.
But the Indian government and religious groups have opposed the petitions over the years, saying marriages are sacrosanct in India. |
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