New Delhi: Saying that protection granted to a husband from charges of marital rape can’t be extended to men in live-in relationships, the Delhi high court has dismissed a PIL on the subject.
HC refused to keep live-in relationships outside the purview of rape under Indian Penal Code(IPC) , saying it would amount to giving such relationships the status of matrimony, which the legislature has chosen “not to do”.
The court made the observation while hearing a PIL, which had sought direction to the government to keep the cases of live-in relationships outside the purview of the offence of rape.
“As far as the relief sought, of keeping the live-in relationships outside the purview of Section 376 (rape) of IPC is concerned, the same would amount to giving the live-in relationships, the status of matrimony and which the legislature has chosen not to do,” a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw noted.
The court further noted that “a live-in relationship constitutes a distinct class from marriage. It is also not as if the defence of consent would not be available in such cases to the accused.” The PIL had sought a direction that the complaint filed by a live-in partner against the other should be registered under Section 420 (cheating), not Section 376 (rape). But the court found no merit in the demand. The PIL was filed by one Anil Dutt Sharma.