Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

S*x worker entitled to decline consent, but not married woman: Delhi HC verdict

Indo-Asian News Services
Updated: May 13th, 2022, 10:40 IST
in Feature, National
0
Delhi HC

Pic-IANS

Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: The Delhi High Court, in its split verdict on criminalisation of marital rape, has observed that rape is rape and a rapist remains a rapist, and while every other woman, including a s*x worker, is entitled to decline consent and prosecute for rape, but the right which is not available to a married woman.

In the split verdict passed Wednesday, Justice Rajiv Shakdher supported striking down the contentious exception in the Indian Penal Code’s Section 375 which exempts forceful s*xual intercourse by a man with his own wife from the offence of rape.

Also Read

SIR, ECI - Bihar SIR Matter

Post-SIR, voter base in five poll-bound states shrank by up to 13.24%

3 hours ago
Supreme Court allows green crackers in Delhi-NCR for Diwali with conditions

SC allows bursting of green firecrackers in Delhi-NCR from 6-7 am, 8-10 pm on Nov 7-8

3 hours ago

“No amount of classification and verbal jugglery can alter that reality,” he held.

The opposing argument was that the position of a s*x worker cannot be compared with persons bound by marriage. The perpetrator or the abuser cannot claim restitution of conjugal rights against a s*x worker and correspondingly, a s*x worker cannot claim maintenance against the perpetrator or abuser.

There is no emotional relationship between the s*x worker and the perpetrator whereas the relationship between the husband and wife is a package comprising mutual rights and obligations which are social, psychological, religious and economic. It cannot be limited to just one event of consent in the context of s*xual relationships, as per the countering argument.

“The argument that in a marriage, there is a presumption in favour of consensual s*x which is not present in forced s*xual intercourse outside marriage is flawed. The argument is founded on the theory that husbands have a greater degree of laxity available to them with regard to consent when engaging in s*x with their wives. That this argument is untenable in law can be tested against the plight of a s*x worker. The Supreme Court has decried such an attempt by holding that even a s*x worker has a right to refuse forced s*xual intercourse,” read the order.

Justice Shakdher stated that the exemption of the husband from the offence of marital rape is unconstitutional while Justice C. Hari Shankar said he does not agree with Shakdher.

“The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of Article 14 and are therefore struck down,” said Justice Shakder.

 

Tags: Delhi High CourtDelhi verdictintercourseMarital Rape
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
#MyPaperBagChallenge

Dibya Ranjan Das

December 12, 2019
#MyPaperBagChallenge

Lopali Pattnaik

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Adweeti Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Sarmistha Nayak

December 12, 2019
#MyPaperBagChallenge

Nishikant Rout

December 12, 2019
#MyPaperBagChallenge

Ipsita

December 12, 2019
#MyPaperBagChallenge

Chinmay Kumar Routray

December 12, 2019
#MyPaperBagChallenge

Parbati Mohanty

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Matrumangal Jena

December 12, 2019
#MyPaperBagChallenge

Anshuman Sahoo

December 12, 2019
#MyPaperBagChallenge

Debasis Mohanty

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
#MyPaperBagChallenge

Mrutyunjaya Behera

December 12, 2019
#MyPaperBagChallenge

Rajashree Manasa Mohanty

December 12, 2019
#MyPaperBagChallenge

Rajashree Pravati Mohanty

December 12, 2019
#MyPaperBagChallenge

Sitakanta Mohanty

December 12, 2019
#MyPaperBagChallenge

Geetanjali Patro

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar Ghibela

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Adrita Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Anasuya Sahoo

December 12, 2019
#MyPaperBagChallenge

Arya Ayushman

December 12, 2019
#MyPaperBagChallenge

Shreyanshu Bal

December 12, 2019
#MyPaperBagChallenge

Saishree Satyarupa

December 12, 2019
#MyPaperBagChallenge

Jyotshna Mayee Pattnaik

December 12, 2019
#MyPaperBagChallenge

Archit Mohapatra

December 12, 2019

Archives

Editorial

Chinks in Armour

Ramlila Maidan, Protest, New Delhi,
November 2, 2026

The BJP appears to be clueless as to how to handle the people’s fury and the Opposition’s mega rally at...

Read moreDetails

The Secular Facade

AAKAR PATEL - The AI Race
November 1, 2026

By Aakar Patel My thesis is that the Indian state under Hindutva is incompletely communal. I have written about this...

Read moreDetails

The Extension Culture

Dilip Cherian
October 31, 2026

By Dilip Cherian The litany of extensions continues. The latest is Defence Secretary Rajesh Kumar Singh, whose tenure the Modi...

Read moreDetails

Youth Power

Youth Power
October 28, 2026

The angry young generation is rising in protest in India, France, Spain, Italy, Germany, Poland and Serbia, to name a...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST