Three-Judge Bench To Hear Pleas On Marital Rape Criminalization: SC

The Supreme Court on Wednesday stated that a three-judge bench will hear a batch of petitions pertaining criminalization of marital rape after constitution benches conclude hearing some listed pleas.

A bench comprising of Justice DY Chandrachud and Justices PS Narasimha and Manoj Misra stated “We have to resolve the matters concerning marital rape” when senior advocate Indira Jaising mentioned the matter for hearing.

Currently, a five-judge Constitution bench, led by the CJI, is hearing petitions concerning driving license regulations under the Motor Vehicle Act.

Additionally, petitions regarding the abrogation of Article 370, which granted special status to the former state of Jammu and Kashmir, are also scheduled for the hearing.

Previously, the Supreme Court fixed the petitions on marital rape for a hearing on May 9, after the Centre’s response was sought on the criminalization of marital rape and the relevant provision in the Indian Penal Code that provides protection to husbands against prosecution for forcible sexual intercourse with adult wives.

One of the petitions pertains to a split verdict by the Delhi High Court on May 11, 2022, and has been filed by a woman who was one of the petitioners before the High Court.

Two High Court judges concurred that the matter involved substantial legal questions requiring a decision from the Supreme Court.

However, two HC judges Justice Rajiv Shakdher and Justice C Hari Shankar had concurred for granting a certificate of leave to appeal in the Supreme Court as the matter involved substantial questions of law which required a decision from the top court.

The Karnataka High Court’s ruling, which allowed the prosecution of a man accused of raping his wife, is the subject of another petition filed by the accused.

The Karnataka High Court had held that exempting husbands from allegations of rape and unnatural sex with their wives is in violation of Article 14 of the Constitution.

These public interest litigations challenge the constitutionality of the marital rape exception under Section 375 of the IPC, asserting that it discriminates against married women who are sexually assaulted by their husbands.

The exception stipulates that sexual intercourse or sexual acts by a man with his wife, provided the wife is not a minor, are not considered rape.