Summary:
New Delhi, Jan 24 (PTI) Senior advocate Rebecca John on Monday told the Delhi High Court that she has been receiving “hate mails” asking her to step down from the position of amicus curiae in petitions seeking the criminalisation of marital rape as she already has an “opinion” on the issue.The senior lawyer, who contended that the marital rape exception was not constitutional, said that the marital rape exception would be tested on the anvil of its constitutionality and an individual"s opinion was not relevant.“To all those who asked me to recuse from the matter because I have an opinion on the subject...
I"ve been receiving a lot of hate mail.
Ultimately the challenge is only to be tested on the anvil of constitutionality.
If it is constitutionally sound, the exception remains.
If it is unconstitutional, it goes.
It doesn"t matter what views we hold on the subject,” she said.“If having a view was a ground for recusal then everyone should recuse from every case.