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Every woman has right to say no to non-consensual sex: Delhi HC on marital rape

Delhi Government counsel also apprised the court that as of today, FIRs are registered by the spouses under sections 377, 498A and 326 of IPC

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The Delhi High Court on Tuesday questioned how the dignity of a married woman is not affected as an unmarried woman when the man imposes himself on her and remarked that relationship cannot put it on a different pedestal as a woman remains a woman. The observation came when a Division Bench of Justice Rajiv Shakdher and C Hari Shankar was hearing the petitions relating to the criminalization of marital rape.

Justices Rajiv Shakdher asked Delhi Government Counsel Nandita Rao why does it affect an unmarried woman`s dignity but does not affect a married woman`s dignity. Justices Shakdher`s question came when the was court was informed by Delhi Government counsel that married women can seek remedy under section 498 A of IPC.

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