HC refuses to grant more time to Centre to state stand on pleas to criminalise marital rape, reserves judgment

New Delhi: The Delhi High Court 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 judgement on the petitions.

The Centre submitted that it has 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 are received.

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

"We are closing it then," the bench said, adding, "judgement 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 can place its stand only after a consultative process.

The bench said: "Court can't let the matter hang like this. You can have consultation going on. We will hear and reserve the judgement. But if you say the court should adjourn the matter endlessly, it will not happen.

"This is a matter which will be closed either through court's channel or legislature's channel. As long as there is a challenge before us, we will have to go on. It is now coming to a situation where we are coming to a log jam." When the court asked the law officer to tell whether it has ever happened that a matter of such nature is adjourned for long, Mehta said as per his experience, not yet and added that there are very few challenges which impact social and family ties.

"Generally a legislative enactment is challenged and we take a stand. But those are commercial or taxation laws. There are very few cases when such wide consequences are found. It is, therefore, our stand that we will be able to put our stand only for consultation," he said.

The bench further said when Section 377 (unnatural sex) of IPC and adultery cases happened in the Supreme Court, the court continued the hearing.

"The more I think about it, the more I am convinced that you have to take a stand and close it. We are not the last repository of wisdom. Someone needs to take a call..," Justice Shakdher said.

The court said a decisive executive has to say yes or no and no one can stop it from changing its stand.