Marital Rape: Supreme Court assures listing of pleas stating, “Marital rape we will have to resolve first…We will list it”
Today, the Supreme Court bench assured to list the matter concerning marital rape. The primary question addressed in this case was whether to treat marital rape as a criminal offence or not. The pleas also questioned the constitutional validity of exception 2 to Section 375 of the IPC (Indian Penal Code). This exception illustrates, “Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.” Earlier in January 2023, the Supreme Court heard the matter whereas at that time Central government apprised the top Court that it sought an opinion of the State governments regarding, whether marital rape should be criminalized or not. Further, the matter was listed for hearing on March 21, 2023, by a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice PS Narasimha. The matter was not heard because of Justice Pardiwala’s absence and the batch of petitions were to be listed on May 9, 2023.
Today, a related matter was mentioned by Senior Advocate Indira Jaising before a three-judge bench including CJI, Justice Manoj Misra, and Justice PS Narasimha. The matter mentioned today was against the Karnataka High Court’s order which held that if a husband rapes his wife, he will be liable for the offence under Section 375 IPC. Senior Advocate mentioned the matter today seeking a request for an urgent hearing stating that the facts of the case also include allegations of child sex abuse. Earlier, the Senior Advocate urged the top Court to list her matter separately, “The Karnataka matter has to be heard separately. It’s not regarding validity of exception but the interpretation of the exception. I don’t have any problem but there’s also the issue of POCSO in my matter.” CJI responded, “There is a reason we’re not doing that. We want your presence when the main matters are heard. We won’t tag it but keep it on the same day.”
During the court proceedings today, SA Jaising urged the top Court to list the matter after completing the hearing of the ongoing matter. the Constitution bench including the CJI, Justice PS Narasimha, Justice Manoj Misra, Justice Hrishikesh Roy, and Justice Pankaj Mithal is currently hearing a batch of pleas to determine, whether a light motor vehicle driving license be used to drive a vehicle weighing 7500 Kg or not. Considering, SA Jaising’s request, CJI said “Marital rape we will have to resolve first…We will list it. After the CB hearings are over, maybe after that, we’ll keep it. I’ll talk to the Registrar in the evening.” Further, Advocate Karuna Nundy informed CJI that “Ms. Jaising will be dealing with the law as it currently stands. Ours is on constitutionality.”
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