SC to Hear Marital Rape Pleas in Mid-October

The Supreme Court on Friday said that it will schedule hearings for pleas regarding marital rape in mid-October. These pleas raise the legal question of whether a husband can be immune from prosecution for rape if he forces his adult wife to have non-consensual sex.

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra acknowledged the importance of these pleas, with lawyer Karuna Nundy emphasizing the need for their prompt consideration.

The bench mentioned that they are currently dealing with constitution bench hearings and will list the marital rape pleas for hearing after the constitution bench matters are concluded. Solicitor General Tushar Mehta, representing the government, estimated that he would need two days to present his arguments, highlighting the significant social implications of the issue. Counsel for the petitioners expressed their intent to argue for three days.

The Chief Justice humorously remarked that if they were to allocate such a lengthy period, the pleas might be listed for hearing in April next year. Ultimately, he decided to schedule the pleas for mid-October.

Previously, senior advocate Indira Jaising had sought an urgent hearing for the pleas. The petitions challenge the constitutional validity of an exception clause in Section 375 of the Indian Penal Code (IPC), which currently exempts husbands from prosecution for marital rape involving their adult spouses.

The Apex Court emphasized the need to address the matters concerning marital rape, noting that these cases require a three-judge bench. The hearings will take place after the ongoing constitution bench hearings conclude.

On January 16, the Supreme Court had sought the Centre’s response to the petitions related to the criminalization of marital rape and the IPC provision in question. The government, represented by Solicitor General Mehta, acknowledged the legal and social implications of the issue and expressed its intention to file a response.

One of the pleas relates to a split verdict by the Delhi High Court on May 11, 2022, which prompted the petitioners to seek leave to appeal in the Supreme Court. The Karnataka High Court’s verdict, allowing the prosecution of a husband for allegedly raping his wife, is the subject of another plea. The Karnataka High Court had ruled that exempting husbands from allegations of marital rape violated Article 14 (equality before law) of the Constitution.