On Wednesday, the Hon’ble Supreme Court made its stance clear on Marital Rape that it will list the case concerning whether ‘Marital Rape’ should be treated as a criminal offence or remain an exception to the criminal offence.
Lastly, the Court had heard the matter in January this year, when the Central government informed the Court that it has asked the State governments to submit their inputs on whether marital rape should be criminalised or not!
Senior Advocate Indira Jaising presented a related matter this morning before a bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra.
Jaising informed the Court that her plea submitted in the matter was to draw the court’s attention toward a case of sexual abuse of a child.
The Chief Justice of India (CJI) Chandrachud noted that the Court was yet to decide on the challenge to exception 2 to Section 375 (rape) of the IPC.
The provision effectively provides that charges of rape can’t be attracted against a man who was involved in non-consensual sex with his wife.
Advocate Karuna Nundy, also appearing for the petitioner, stated that in the marital rape case, the point kept was very short and that Jaising would address the Court on the law.
In the response, the Court assured to list the matter.
Senior Advocate Jaising’s matter implemented the interpretation of the existing law, while that by advocate Nundy looks at the constitutional value of the exception.
Advocate Nundy is also appearing in a similar or related public interest litigation determining the legality of the marital rape in the context of the intersection of case and gender roles.
Earlier, Delhi High Court’s division bench comprising Justices Rajiv Shakdher and C Hari Shankar had delivered a joint verdict in the marital rape case that took place on May 11, 2022.
Justice Shakdher struck down the provision framing an exception for marital rape as unconstitutional and Justice Shankar has the same opinion.
At the same time, the Justice of the Karnataka High Court, M Nagaprasanna on March 22, 2022, refused to quash rape charges on a man by his wife and also treating her as a sex slave.
The single judge said that the institution of marriage can’t be taken as any special privilege for males or a license for unleashing an inner brutal beast on a female (wife).
In July 2022, the Supreme Court stayed the order of the Karnataka High Court. Although the Government of Karnataka supported the High Court’s ruling in December same year.
There is still an appeal pending before the Supreme Court, against the split verdict of the Delhi High Court.
On a related note, the Court observed last September that for allowing the Medical Termination of Pregnancy (MTP) Act, marital rape has to be considered as falling in the category of ‘Rape’ so that to save women from undesired and forceful pregnancy.
Source: https://www.barandbench.com/news/litigation/supreme-court-list-marital-rape-case