The Supreme Court has announced that a three-judge bench will hear a series of petitions addressing the criminalization of marital rape. The decision was made after the constitution benches concluded hearing some listed pleas. The matter was mentioned for hearing by senior advocate Indira Jaising, who highlighted the importance of addressing child sexual abuse cases as well.
Chief Justice D Y Chandrachud, along with justices P S Narasimha and Manoj Misra, acknowledged the significance of resolving issues related to marital rape. They stated that these matters would be listed for hearing after the five-judge constitution benches complete their current hearings. Presently, one such bench is addressing pleas regarding driving license regimes under the Motor Vehicle Act, while another is focused on the abrogation of Article 370 of the Constitution, which granted special status to Jammu and Kashmir.
Previously, on March 22, the Supreme Court had scheduled the petitions on marital rape for hearing on May 9. The court had sought the response of the Central government regarding the criminalization of marital rape and the existing provision in the Indian Penal Code (IPC) that protects husbands from prosecution for forcible sexual intercourse with their adult wives.
These petitions challenge the constitutionality of the marital rape exception under Section 375 of the IPC, which states that sexual intercourse by a man with his wife if she is an adult, is not considered rape. The appeals stem from a split verdict by the Delhi High Court and a judgment by the Karnataka High Court. While the Karnataka High Court held that husbands can be charged with rape if they engage in forcible sex with their wives, the Delhi High Court delivered a split verdict, with one judge striking down the marital rape exception as unconstitutional and the other upholding its validity.
The Supreme Court's decision to prioritize the hearing of these petitions reflects the significance of addressing the issue of marital rape. The case holds legal and social implications, and a definitive ruling by the apex court will provide clarity and guidance on this critical matter.
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