Kerala HC grants anticipatory bail to man accused of raping wife before marriage, calls it consensual; warns against misusing criminal law in matrimonial disputes.
The Delhi High Court ruled that Indian law does not recognize marital rape, cancelling charges against a husband under Section 377 IPC due to a lack of clear consent denial from the wife. The case highlights the absence of legal provisions against marital rape, emphasizing ongoing debates regarding women’s rights and sexual autonomy in India.
In 2024, India’s Supreme Court dealt with numerous landmark rulings, focusing on personal liberty, places of worship disputes, and electoral reforms. Chief Justice Sanjiv Khanna emphasized efficiency, reforming case backlogs. Notable cases included prohibitions on religious site surveys, striking down electoral bonds, and addressing environmental pollution. The court’s decisions significantly influenced legal frameworks and societal issues.
![[Marital Rape] "Will Bring Home Justice For Women In This Case": Snr Adv Karuna Nundy | SC Relisted Matter After 4 Weeks](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/10/IMG.png?resize=447%2C367&ssl=1)
The Supreme Court of India Today (Oct 23), postponed the hearing of multiple petitions that seek the criminalization of marital rape in the country. The hearing, overseen by a Bench composed of Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, was deferred after the counsel from both sides laid out the time required for presenting their arguments. According to the submissions made by the lawyers, each side will need at least one full day to make their case. This led the Court to conclude that a judgment cannot be delivered before CJI Chandrachud’s retirement, which is scheduled for November 10, 2024.
Today, On 22nd October, the Supreme Court began hearings on marital rape, examining whether husbands should be exempt from prosecution. Petitioners argue for legal equality for women, challenging existing provisions in Indian law. Advocates highlight that criminalizing marital rape does not threaten marriage, while the government warns of potential negative impacts on marital relationships.
![[MARITAL RAPE CRIMINALIZATION] 'Not a Case of Men vs Women. But People vs Patriarchy': Next SC Hearing On Tuesday (Oct 22)](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/10/image-27-1.png?resize=447%2C270&ssl=1)
Today, On 17th October, Senior Advocate Karuna Nundy argued in the Supreme Court for the criminalization of marital rape, challenging the validity of IPC Section 375’s exception. The Central government opposes this change, citing existing protections and concerns over marital dynamics. A crucial hearing will occur on October 22, with significant legal implications.
![[Marital Rape] "Potential Misuse of Laws": NGO Files Plea in SC Against Criminalization](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/10/image-29-1.png?resize=447%2C367&ssl=1)
The Justice for Rights Foundation NGO filed an application in the Supreme Court regarding the criminalization of marital rape, voicing concerns over potential misuse of laws. They argue existing protections are sufficient and warn that new legal frameworks could lead to wrongful accusations, impacting the sanctity of marriage and mediation efforts.
The Supreme Court of India Today (Oct 17) is considering several petitions that seek to criminalize marital rape, which is currently exempt from prosecution under Indian law if it occurs between spouses. The case is being heard by a bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra. Senior Advocate Karuna Nundy appeared before the court, representing civil appeals. During the proceedings, the CJI asked Nundy, “Are you appearing before us in the appeal against the Delhi High Court verdict?” Nundy confirmed, “Yes, I am appearing.” The CJI noted, “It is a constitutional question. There are two judgments before us, and we need to make a decision.”
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.
Today, On 3rd October, the Centre argued against decriminalizing marital rape, asserting that existing laws protect married women’s consent. The Union Home Ministry emphasized that marital violations differ from other cases and suggested that criminalization is a societal issue requiring broader consultation. Current laws already address consent violations within marriage, the Centre stated.