The Supreme Court has scheduled the hearing for Tuesday on the complex legal issue of whether a husband is immune from prosecution for rape if he forces his adult wife into sexual intercourse.
A bench consisting of Chief Justice DY Chandrachud and Justice JB Pardiwala confirmed the matter is listed and will be taken up after some part-heard cases.
Senior advocate Karuna Nundy, representing a litigant, had requested early listing, while earlier in September, senior advocate Indira Jaising had urged the court for urgent hearing on the issue.
On July 16, the Supreme Court agreed to hear the petitions, with the Chief Justice indicating the hearing might occur on July 18. The issue revolves around an exception in Section 375 of the Indian Penal Code (IPC) and its successor, the Bharatiya Nyaya Sanhita (BNS). Both provisions exempt a husband from being charged with rape for sexual acts with his wife, provided she is not a minor.
The Supreme Court had earlier sought the Centre’s response on petitions challenging the marital rape exception, which shields husbands from prosecution for forced sexual intercourse if the wife is an adult. The government emphasized that the issue has both legal and social implications and indicated it would file a response.
One key plea stems from a split verdict delivered by the Delhi High Court on May 11, 2022. Justice Rajiv Shakdher and Justice C Hari Shankar both agreed to grant the petitioners permission to appeal to the Supreme Court, given the substantial legal questions involved. Justice Shakdher had called for the marital rape exception to be struck down as unconstitutional, while Justice Shankar argued it was based on “intelligible differentia” and thus not unconstitutional.
Another related plea was filed after a Karnataka High Court verdict that allowed a man to be prosecuted for allegedly raping his wife. The court ruled that exempting husbands from such charges violated Article 14 (equality before the law) of the Constitution.
These public interest litigations challenge the constitutionality of the marital rape exemption under Section 375 of the IPC, asserting it discriminates against married women subjected to sexual assault by their husbands.
(With inputs from agency)
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