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The Supreme Court has adjourned the hearing on a series of petitions related to the issue of marital rape, with Chief Justice of India (CJI) DY Chandrachud, who is due to retire next month, stating that his bench would not be able to conclude the matter in the near future.
According to ANI, CJI Chandrachud, heading the bench, announced that the case would be reheard in four weeks. The postponement occurred after Solicitor General Tushar Mehta, along with other counsels, requested more time to present their arguments. "In view of the time estimate, we are of the view that it would not be possible to complete the hearings in the foreseeable future," remarked CJI Chandrachud, noting that the case will be reassigned to another bench for the rehearing.
Senior Advocate Karuna Nundy, representing one of the petitioners, urged CJI Chandrachud to personally hear the case, stressing that it concerns justice for millions of women. Nundy emphasised the importance of the matter and called for a timely resolution.
ANI reported that the petitions challenge the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code (IPC), which exempts husbands from being prosecuted for rape if the victim is their wife, unless the wife is below 15 years of age. The petitioners argue that this exemption is unconstitutional, as it violates the fundamental rights of married women.
In the previous hearing, Senior Advocate Nundy argued that rape is already an offence in India, but the current law unjustly excludes husbands from the definition. Nundy contended that declaring the exception unconstitutional would not create a separate offence but rather extend protection to all women, including those in marriages.
As per ANI, the Centre recently filed an affidavit cautioning against striking down the exception, warning that criminalising marital rape could destabilise the institution of marriage and have far-reaching socio-legal consequences. The government also expressed concern that such a move could lead to misuse of the law, given the evolving social and familial structures in the country. The Centre maintained that Section 375 of the IPC is a well-considered provision that addresses a wide spectrum of sexual abuse, and that any changes should come through comprehensive legislative action rather than judicial intervention.
Several petitions have been submitted to the court, including one challenging a Karnataka High Court ruling that upheld charges of rape against a man accused of treating his wife as a sex slave. Another petition contests a split decision by the Delhi High Court in May 2022, where one judge ruled in favour of criminalising marital rape, while the other upheld the constitutionality of Exception 2 to Section 375.
The All India Democratic Women's Association (AIDWA) has also moved the Supreme Court, arguing that the marital rape exemption undermines the purpose of rape laws, which are designed to protect against non-consensual sexual activity. AIDWA's plea asserts that the exemption violates constitutional rights to equality, freedom of speech, and life, under Articles 14, 19(1)(a), and 21.
The Supreme Court is expected to revisit the matter in four weeks, ANI reported.
(With inputs from ANI)
