Today, On 22nd October, The Supreme Court set to hear a case on marital rape today, where the petitioner argues that a husband should not receive immunity from legal action simply because the victim is his wife. The case challenges the exception in Indian law that excludes marital rape from the definition of rape, pushing for equal protection for women within marriage.
New Delhi: The Supreme Court set to continue its hearings on the topic of marital rape on Tuesday. Previously, on Thursday, October 17, a three-hour session took place regarding petitions aimed at criminalizing marital rape.
This case being considered by a bench that includes Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.
There are two petitioners in this matter, and they are being represented by Advocates Colin Gonsalves and Karuna Nundy, who presented their case during today’s proceedings.
In the earlier session, Advocate Karuna Nundy contended that a husband is exempt from punishment for forcing sexual relations solely because the victim is his wife.
She stated,
“This is a fight against the people and patriarchy, which is why we have turned to the court.”
Advocate Colin Gonsalves highlighted that Nepal already criminalized marital rape, emphasizing that such legislation does not threaten the institution of marriage. He argued that it is abuse and rape within marriage that truly bring dishonour to this institution.
He stated,
“If a woman (wife) says no to sexual relations, it means no.”
In the last hearing on October 3, the government opposed the petitions, arguing that criminalizing marital rape could have a negative impact on marital relationships.
nder the exception clause of Section 375 of the Indian Penal Code (IPC), now replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse between a man and his wife (if she is not a minor) is not considered rape. The BNS maintains this stance in Exception 2 to Section 63 (rape).
The Supreme Court previously, on January 16, 2023, sought the Centre’s response to petitions challenging the IPC provision, which protects husbands from prosecution for forcible sexual intercourse with adult wives. In May 2023, the court also issued notice to the Centre regarding a similar plea challenging the BNS provision.
The Centre has highlighted the legal and social implications of the matter, and one of the cases before the Supreme Court stems from a split verdict delivered by the Delhi High Court on May 11, 2022.
Additionally, a man prosecuted for marital rape following a Karnataka High Court order is appealing the exemption of husbands from allegations of rape, which the court ruled violates Article 14 of the Constitution. Public interest litigations (PILs) have also been filed challenging the constitutionality of the exception under Section 375 of the IPC.
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