SC Seeks Centre’s Response on Plea Challenging Retention of Marital Rape Exception in New Criminal Law

The Supreme Court issued notice to the Centre a plea challenging the retention of the marital rape exception in the new criminal law, Bharatiya Nyaya Sanhita.

Plea to be Heard After Summer Break

A bench headed by Chief Justice of India DY Chandrachud stated that the matter would be tagged with a petition challenging the same provision in the Indian Penal Code (IPC) and scheduled for July.

The All India Democratic Women’s Association (AIDWA) filed the plea, with Senior Advocate Karuna Nundy representing the petitioner. Previously, several petitions were submitted to the Supreme Court challenging the constitutional validity of the marital rape exception under IPC provisions.

Karnataka High Court

One petition opposes a Karnataka High Court ruling that refused to dismiss rape charges against a man accused of raping and holding his wife as a sex slave. Another petition aims to strike down Exception 2 to Section 375 of the IPC, which shields husbands from criminal charges for non-consensual intercourse with their wives.

This petition was filed by activist Ruth Manorama through advocate on record Ruchira Goel. Exception 2 to Section 375 of the IPC, which defines rape, stipulates that sexual intercourse by a man with his wife is not considered rape unless the wife is below 15 years of age.

Delhi HC’s Split Verdict

Previously, the All India Democratic Women’s Association (AIDWA), among others, approached the Supreme Court over the Delhi High Court’s split verdict on criminalizing marital rape.

On May 12, 2022, a two-judge bench of the Delhi High Court delivered a split verdict on the matter. Justice Rajiv Shakdher favored criminalization, while Justice Hari Shankar dissented, holding that Exception 2 to Section 375 does not violate the Constitution as it is based on intelligible differences.

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