Thread by @LawBeatInd

#DelhiHighCourt continues hearing petitions relating to #MaritalRape. The petitions are seeking criminalization of #MaritalRape.

Advocate @jsaideepak is currently making arguments for intervenors on the constitutional point of separation of powers. #maritalrape

If exception 2 of 375 is done away with, it will have consequences to section 375 IPC & 376 IPC. Why would the pretext of marriage be relevant because marriage has legal repercussions wrt of consent: Sai Deepak #maritalrape

Assuming there are injuries in a body when a couple have engaged in consensual sexual acts where in fact this was an unorthodox sexual act of which the couple has fetishes of, how do we segregate these, especially when same is still a violation of bodily integrity?: Sai Deepak

But these are still happening all over the world? We are considered to be far ahead of others when it comes to sexual acts of different kinds: Justice Shakdher

Absolutely, we are the land of Kamasutra, we have to give ourselves some credit! : @jsaideepak #maritalrape

Bench and Sai Deepak exchanging views on legislature’s powers and the judiciary’s jurisdiction.
Sai Deepak says that there is no judgment wherein a Court has created an offence, adds that it is bound to have a trickle down effect & may open the pandora’s box #maritalrape

The legislature and government are answerable, no doubt about it. However —- The entire tone and tenor of argument (wrt the issue of Marital Rape) has been that there is only a certain specific point of view which is sought to be projected: Sai Deepak #maritalrape

There are a myriad of arguments and projections wrt this issue: Sai Deepak

You need to tell us whether it passes the test of Constitutionality: Justice Shakdher #maritalrape

We have a lis before us and we have to decide: Bench

My lords not looking at a tortious issue. Not every lis has the same nature and when a party approaches the court, it goes beyond the question of lis & crosses the constitutional realm: Sai Deepak #maritalrape

Specific differences are made out between sexual acts out of institution of marriage and otherwise and this is the intelligible differentia, Sai Deepak says as he takes the bench through the Criminal procedure which applies while taking cognisance of offences of Rape #maritalrape

For someone to say consent is all there is to it and nothing else is relevant is misconceived: Sai Deepak
#maritalrape

Having a difference opinion on whether marital rape should be criminalised or not is not enough sustainable ground to regard it as unconstitutional. You may thrust on individual autonomy, others may on family as a unit along with that: Sai Deepak #maritalrape

If individual autonomy is all there is to it then Gender Neutrality wrt sexual violence has to be looked at: Sai Deepak #maritalrape

Sai Deepak seeks to put out reports of the Parliamentary Committee. He seeks a few minutes to put them before Court tomorrow. Court allows it.
#maritalrape