Delhi HC refuses more time to Centre in marital rape case, reserves verdict

The Union govt. has said it is awaiting inputs from States, Union Territories to take a stand on the issue

The Delhi High Court on Monday refused to grant more time to the Centre to place its stand on the issue of criminalisation of marital rape, saying that it was not possible to defer an ongoing matter endlessly and reserved its judgment on the petitions.

The Centre submitted that it had sent communication to all States and Union Territories seeking their comments on the issue and urged the court that the proceedings be adjourned till such time the inputs were received.

However, a Bench of Justices Rajiv Shakdher and C. Hari Shankar said it was not possible to adjourn an ongoing matter as there was no terminal date by when the Centre's consultations would be over on the issue and added that it was closing the arguments.

“We are closing it then,” the Bench said, adding, “judgment reserved. List for directions on March 2. In the meantime, counsel for parties may file their written submissions and compliations.” While the Centre was supposed to begin its submissions on Monday by making its stand clear on the issue, Solicitor General Tushar Mehta said the position could only be taken by the Central government after consultations with States and other stakeholders.

He said that as this case could have an impact on social and family life with far reaching consequences, the Centre could place its stand only after a consultative process.

The Bench said: “The court can’t let the matter hang like this. You can have consultation going on. We will hear and reserve the judgment. But if you say the court should adjourn the matter endlessly, it will not happen.