The Supreme Court of India will hear petitions challenging the legal exception that excludes marital rape from the definition of rape under Indian criminal law. The case has raised significant concerns regarding consent and the institution of marriage, prompting discussions on gender equality and legal reform in the context of sexual violence.
New Delhi: The Supreme Court of India is set to begin hearings tomorrow regarding petitions that challenge the legal exception that excludes marital rape from the definition of rape under Indian criminal law. This pivotal case has drawn significant attention, as it raises essential questions about consent and the institution of marriage in the context of sexual violence.
During a recent session, Senior Advocate Karuna Nandy, representing the petitioners, urged the bench led by Chief Justice DY Chandrachud to prioritize this critical issue. Although the matter was initially scheduled for hearing today, it could not be addressed due to time constraints. However, Chief Justice Chandrachud assured that “the marital rape matter will be first on board; we will start tomorrow.”
The Solicitor General Tushar Mehta sought to delay the hearing, citing his prior commitment to a different case scheduled for the same day. He questioned the urgency of the matter, stating, “I don’t see, my lords, if it’s that urgent.” In response, Chief Justice Chandrachud firmly reiterated, “It’s a fixed matter on board; let them start tomorrow.”
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The legal framework surrounding marital rape is enshrined in Section 375 of the Indian Penal Code (IPC), which historically excluded non-consensual sex between a husband and wife from the definition of rape. Specifically, Exception 2 of Section 375 states: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.” This provision has been the subject of intense scrutiny and debate as advocates push for a reevaluation of the legal stance on marital relations and consent.
The bench, which includes Justices JB Pardiwala and Manoj Misra, is tasked with evaluating the constitutional validity of this exception as well as examining Section 9 of the Hindu Marriage Act, which pertains to the restitution of conjugal rights. In its recent affidavit, the Union government opposed the criminalization of marital rape, arguing that existing legal frameworks adequately protect married women from sexual violence. The government expressed concern that classifying marital rape as a criminal offense might be “excessively harsh” and disproportionate.
The Centre further asserted that a holistic approach must be adopted in addressing the issue, emphasizing the need for comprehensive consultation with all states. It argued that the concerns presented to the Court are more social than legal, suggesting that the criminalization of marital rape falls within the realm of legislative policy rather than judicial intervention.
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The petitions before the Supreme Court can be broadly categorized into four types:
- Appeals against the Delhi High Court’s split verdict on the marital rape exception.
- Public Interest Litigations (PILs) filed against the marital rape exception.
- A plea challenging a Karnataka High Court judgment that upheld charges under Section 376 IPC against a husband for forcibly having sex with his wife.
- Various intervening applications related to the matter.
As the Supreme Court prepares to delve into these significant issues, the upcoming hearings are anticipated to spark critical discussions on the intersection of marriage, consent, and women’s rights in India. The outcome of this case could potentially reshape the legal landscape surrounding marital relationships and set a precedent for how sexual violence is addressed within the institution of marriage.
The Supreme Court’s exploration of the marital rape exception highlights the ongoing struggle for gender equality and the necessity for laws that reflect contemporary societal values. The legal community and the public alike will be closely watching as this landmark case unfolds.
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