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.”
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.
The Supreme Court today(26th Sept) confirmed that the Protection of Women from Domestic Violence Act, 2005, applies to all women in India, safeguarding their constitutional rights. The ruling stemmed from a case concerning maintenance, emphasizing that modifications under Section 25 are only applicable for changes post-initial orders. Previous appeals were dismissed, allowing for future applications under the Act.
