Supreme Court Set to Hear Marital Rape Petitions on July 13
- Posted on August 5, 2024
- News
- By Arijit Dutta
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India's Supreme Court will begin hearing petitions on marital rape immunity on July 13, 2024. The case challenges the IPC exception protecting husbands from prosecution for non-consensual sex with wives. The government cites potential social ramifications, while advocates argue the clause discriminates against married women facing sexual assault.
The Supreme Court of India has indicated that it will commence hearing petitions regarding marital rape immunity on July 13, 2024. This development comes after a prolonged period of inactivity on the case since January 2023. Chief Justice of India (CJI) Dhananjaya Y Chandrachud announced the likely start date for final arguments following mentions by senior counsels Indira Jaising and Karuna Nundy.
The court is addressing a batch of petitions challenging the exception in Section 375 of the Indian Penal Code (IPC), which exempts husbands from prosecution for non-consensual sex with their wives. This includes public interest litigations (PILs) arguing that the immunity clause discriminates against married women who are sexually assaulted by their spouses.
The case gained prominence following a split verdict by the Delhi High Court in May 2022, which is now pending before the Supreme Court for a final decision. Additionally, the court is considering an appeal from Karnataka, where a man's trial for raping his wife was approved by the state's high court.
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While the previous BJP government in Karnataka supported criminal prosecution in such cases, the current administration has not clarified its stance. The Union government has initiated consultations with states and stakeholders, citing potential "social ramifications" of criminalizing marital rape.
The Supreme Court's decision to hear these petitions marks a significant step in addressing the contentious issue of marital rape in India. As the country awaits the court's verdict, the outcome could have far-reaching implications for marriage laws and women's rights in the nation.
