The #RightToPrivacy effect? PIL in Delhi HC to outlaw restitution of conjugal rights

The Delhi High Court today issued notice to the Central Government in a plea seeking a declaration rendering the concept of restitution of conjugal rights unconstitutional, in view of the recent landmark judgement of the Supreme Court on the Right to Privacy..The public interest litigation filed by one Sanjjiiv Kkumaar came up for hearing before the Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar..The petition prays for a writ of mandamus declaring Section 9 of the Hindu Marriage Act, Section 22 of the Special Marriages Act – both titled ‘Restitution of Conjugal Rights’ – and their execution through Order 21 Rule 32 of CPC along with sections pertaining to divorce like Section 13(1)(ia) [Denial of sex – Cruelty], Section 13(1A)(i) and Section 13(1A)(ii) of the Hindu Marriage Act as void and unconstitutional as per Article 13(2)..The petition submits as follows,.“Supreme Court of India, in its 9 Bench Constitutional Bench in writ petition (Civil) No 494 of 2012, has ruled that the Right to Privacy is now a Fundamental Right….Privacy Judgment, has made Right to Privacy intrinsic to life and liberty under Article 21 of constitution.. Right to Privacy now being a Fundamental Right has changed the contour of the some existing Acts and Rules/CPC and made them unconstitutional and void.”.The petition stated that however one may put it, the meaning of ‘conjugal’ is always a sexual relationship between a married couple..It further stated that after reading all the observations and conclusions of the privacy judgment, it is crystal clear that the state can neither force a wife or husband to consent to sex/intercourse/cohabitation, nor can it determine a woman’s right to procreate..“The crucial consideration is that a woman’s right to privacy, dignity and bodily integrity should be respected. This means that there should be no restriction whatsoever on the exercise of reproductive choices such as woman’s right to refuse participation in sexual activity.”.Moreover, the state can neither force any party for restitution of conjugal rights, which effectively means ordering an unwilling partner for intercourse/sex/cohabitation, nor can the state decree a divorce if there is no cohabitation or separation..“The state cannot ask why a man and a woman are not having sexual relations or for how long they have not cohabited or ask about their consent or their view on same.”.The matter will be next heard on December 8..Read the petition: