The Court had heard the matter last in January this year, when the Central government informed the Court that it has asked the State governments to give their inputs on whether martial rape should be criminalised.
The Supreme Court on Wednesday assured 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 of rape.
The Court had heard the matter last in january.this year, when the Central government informed the Court that it has asked the State governments to give their inputs on whether martial rape should be criminalised.
A related matter was mentioned this morning before bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra by Senior Advocate Indira Jaising.
Jaising informed the Court that her plea in the matter was meant to address a child sexual abuse case.
CJI Chandrachud, in turn, noted that the Court was yet to resolve the challenge to exception 2 to Section 375 (rape) of the Indian Penal Code (IPC).
This provision effectively provides that charges of rape cannot be attracted against a man who has non-consensual sex (commonly referred to a marital rape) with his wife.
Advocate Karuna Nundy, also appearing for a petitioner, stated that the point in the marital rape case was a very short one and that Jaising would address the Court on the law as it presently stands.
In response, the Court agreed to list the matter.
Senior Advocate Jaising’s matter (that was mentioned) deals with the interpretation of the existing law, while that by advocate Nundy looks at the constitutionality of the exception.
Advocate Nundy is also appearing in a connected public interest litigation examining marital rape’s legality in the context of the intersection of caste and gender roles.
While Justice Shakdher struck down the provision carving out an exception for marital rape as unconstitutional, Justice Shankar upheld the same.
Meanwhile, Justice M Nagaprasanna of the Karnataka High Court on March 22, 2022, refused to quash a rape charge against a man accused of raping his wife and keeping his wife as a sex slave.
The single-judge said that the institution of marriage cannot be used to confer any special male privilege or a license for unleashing of a “brutal beast” on the wife.
In July 2022, the Supreme Court stayed this Karnataka High Court order, although the Karnataka government supported the High Court’s ruling in December that year.
An appeal against the Delhi High Court’s split verdict is also pending before the Supreme Court.
On a related note, last September, the Court observed that for the purposes of the Medical Termination of Pregnancy (MTP) Act, marital rape has to be considered as falling within the meaning of ‘rape’ in order to save women from forceful pregnancy.
