The Supreme Court on Monday sought the Centre’s response to a batch of petitions concerning the criminalization of marital rape. A bench comprised of Chief Justice DY Chandrachud, Justices PS Narasimha and Justice JB Pardiwala asked the Union government to file its response by February 15, with the final hearing on the petitions beginning on March 21.
One of the petitions was filed in relation to the Delhi High Court’s split decision on the issue. Khushboo Saifi, one of the petitioners, filed this appeal before the Delhi High Court.
On May 11, last year, the Delhi High Court issued a split decision on the issue.
However, both judges on the bench — Justice Rajiv Shakdher and Justice C Hari Shankar — agreed to grant a certificate of leave to appeal to the Supreme Court in the matter because it involves substantial questions of law which requires a decision from the top court.
While Justice Shakdher, who presided over the division bench, favoured striking down the marital rape exception because it was “unconstitutional” and stated that it would be “tragic if a married woman’s call for justice is not heard even after 162 years” since the enactment of the IPC, Justice Shankar said the exception under the rape law is not “unconstitutional and was based on an intelligible differentia”.
A man has made a new plea against the Karnataka High Court decision that opened the door for his prosecution for allegedly raping his wife.
