Recently, the Supreme Court adjourned the hearing of multiple pleas seeking to criminalize marital rape, citing the unlikelihood of concluding the case before the retirement of Chief Justice D.Y Chandrachud. The matter concerns the challenge to Exception 2 of Section 375 of the Indian Penal Code and Section 63 of the Bhartiya Nyaya Sanhita, which exclude non-consensual sexual acts between a husband and wife from the definition of “rape”.
The petitioners argued that the marital rape exception violates women’s rights to bodily autonomy, integrity, and dignity. They point to earlier Supreme Court rulings in Joseph Shine and Independent Thought as having already addressed these issues. Senior Advocate Karuna Nundy, who previously presented arguments, urged the court to expedite the matter, emphasizing its importance for millions of women across India. On the other hand, the Union government, in a recent affidavit, opposed criminalising marital rape, stating that existing legal remedies are sufficient and warning that such a move could destabilize the institution of marriage.
The petitioners stem from split verdicts delivered by the Delhi High Court and a ruling from the Karnataka High Court, which upheld charges of rape against a husband for forcibly engaging in sexual acts with his wife. With arguments spanning both sides, the Supreme Court’s eventual decision is anticipated to have a far-reaching impact on women’s rights and the legal definition of consent within marriage.
During the hearing, Senior Advocate Gopal Sankaranarayanan, representing one of the petitioners, requested additional time to present his arguments. Solicitor General Tushar Mehta, Senior Advocate Rakesh Dwivedi for Maharashtra, and Senior Advocate Indira Jaising for a respondent-wife also requested one day each to complete their submissions. The court noted that with the upcoming Diwali vacation and the Chief Justice's impending retirement, it would not be feasible to conclude the case within the foreseeable future. As a result, the matter will be heard by a different bench after four weeks.
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