New Delhi, 17 May 2022: After the High court’s split verdict, an appeal has been filed in the Supreme court challenging the verdict on the bunch of petitions challenging the exception in the marital rape law that exempts husbands from being prosecuted for non-consensual sexual intercourse with their wives.
The high court bench, Justice Shakdher hinted towards striking down the marital rape exception for being “unconstitutional” while Justice Shankar said, “exception under the rape law is not “unconstitutional and was based on an intelligible differentia.”
Khushboo Saifi, the high court petitioner has appealed to the supreme court after the high court judges granted a certificate of leave to appeal to the apex court. They stated that the case involves significant doubts that can be decided upon by the supreme court.
While High Court bench, Justice Shakdher mentioned that he is remorseful for failing to convince the co-judge about his views but he respects that.