The Supreme Court took a pivotal step on Wednesday toward reconsidering the complex issue of marital rape, signaling its intention to hear a series of petitions challenging laws that currently shield husbands from prosecution for rape. These petitions argue against the legal provisions that allow a husband to avoid rape charges if he forces his wife, who is over 18, into non-consensual sex.
A bench led by Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, responded to senior advocate Indira Jaising’s plea for urgent judicial review. Jaising emphasized the critical importance of addressing this matter. In response, Chief Justice Chandrachud acknowledged the pending cases but assured that the marital rape issue would be considered for a hearing soon.
The legal challenge focuses on the exception within the now-repealed Section 375 of the Indian Penal Code (IPC) and its replacement in the Bharatiya Nyaya Sanhita, both of which maintain that a husband cannot be prosecuted for raping his wife if she is over 18.
This legal exemption has sparked divergent judicial responses. The Delhi High Court, in a split verdict in May 2022, questioned the constitutionality of this marital rape exception, while the Karnataka High Court, in a landmark ruling last year, deemed the exemption as a violation of the equality guaranteed under Article 14 of the Constitution.
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