SC To Hear Petitions Regarding Criminalization Of Marital Rape, Asks Central Government To Respond By 15th February
Delhi, 16th January 2023: The Supreme Court has agreed to hear several petitions seeking the criminalization of marital rape. The apex court on Monday sought a response from the central government in the matter by 15th February. A bench of Chief Justice DY Chandrachud, Justices PS Narasimha and JB Pardiwala asked Solicitor General Tushar Mehta, representing the Centre, to file a counter affidavit in the matter on or before 15th February 2023.
During the hearing, Solicitor General Tushar Mehta, appearing for the Centre, said that the matter will have a big impact. “Do you want to file any counter-arguments, if any,” the bench asked Mehta. The apex court decided to take up the matter on its own instead of letting the various high courts decide.
The matter will be listed for hearing in March, and the bench directed all the parties to file their written submissions by 3rd March. Mehta informed the bench that the government had sought the views of the state governments on the matter. Following the Delhi High Court judgment in May last year, “divided views” were expressed on the criminalization of marital rape. The exception to section 375 of the Indian Penal Code was challenged in the Supreme Court.
The Supreme Court had, in July last year, stayed the Karnataka High Court order. The High Court had allowed a husband to prosecute a man for allegedly raping his wife. In May, the top court issued notice on the husband’s plea against the High Court verdict.
On 11th May last year, a division bench of the high court comprising Justice Rajeev Shakdher and Justice C Hari Shankar expressed divergent views in a judgment on the exception to section 375 of the IPC. This section exempts a man from the offence of rape for having forced sexual intercourse with his wife.
Justice Rajeev Shakdher favoured striking down the controversial law, saying it was unconstitutional to exempt the husband from the offence of marital rape. At the same time, Justice Hari Shankar did not agree. Justice Rajeev said that the husband having sex with the wife without her consent was violative of Article 14 and hence was set aside.
