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Considering ‘constructive approach’ on criminalising marital rape, Indian govt tells Delhi HC

On the issue of criminalising marital rape, Indian government told the Delhi High Court on Thursday that it was considering a ‘constructive approach’.  

The government has also sought suggestions from state governments, the Chief Justice of India, MPs and others on several comprehensive amendments to the criminal law.  

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During the hearing, Justice Rajiv Shakdher, who is heading the bench dealing with a batch of petitions seeking criminalisation of marital rape, informed that Solicitor General Tushar Mehta mentioned the matter before him when certain other parties and Justice C Hari Shankar, who forms part of the bench, were not present.  

Justice Shakdher said, “The matter was mentioned in the morning by the learned SG and he was saying that the government was considering a constructive approach to the matter.”   

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Centre was undertaking a comprehensive task of amending the criminal law, which includes section 375 (rape) of the IPC, Indian government lawyer Monika Arora told the bench.  

“We have invited suggestions from all chief ministers of all state governments…The chief justice of India, chief justice of all high courts…judicial academies, national law universities, the bar council of India, bar council of all courts and members of both houses of Parliament regarding comprehensively amending the criminal laws,” she said.  

(With inputs from agencies) 

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