New DelhiThe Central Government on Monday told the Delhi High Court that in making marital rape a crime, there is a “family matter” as well as the issue of respect for the woman. . The Center also told the court that it was not possible for it to immediately state its stand on the issue.
Solicitor General Tushar Mehta, appearing for the Centre, said he would do “injustice to the citizens” if the government “half-heartedly” defends the case. He urged the court to give “reasonable time” to take its stand in consultation with all the stakeholders, especially when no one is in great danger in the meantime.
“Your authority is not merely to decide the legal or constitutional validity of the provision,” he told the court. It should not be seen from a microscope angle…here the honor of the woman is at stake. There is an issue of family here. There will be many such considerations on which the government will have to discuss so that a supportive stand can be taken for you.”
read also
“It will not be possible for the Center to respond immediately, especially when no one is going to be in serious danger in the meantime. I reiterate my request that I need a reasonable time,” he said. The Solicitor General said the Center needs to be “very cautious”. He insisted that after the arguments of the petitioners and a similar stand taken by a court-appointed amicus curiae, it would “not be appropriate” for the central government not to ask the court for a “comprehensive stand on the matter”. .
“I don’t think it would be appropriate that the central government should not ask you sir (Your Lordship) to take a broader stand or consider the matter on a holistic basis by inviting other stakeholders,” he said. It is noteworthy that a bench headed by Justice Rajiv Shakdher is hearing petitions challenging the separation of marriage law from rape law.
The bench said that it cannot keep the matter pending and the court would like to complete the trial of the matter. The judge said, “I am not saying no. Let them (justice friend) cross-examine. I will give you 10 days time but after that it will be difficult for me to say that we will listen, we will listen…come to me in 10 days.” (agency)