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SC Seeks Response of Govt on Pleas Seeking Criminalisation of Marital Rape

In Nation
January 16, 2023

The Supreme Court on Monday sought a response of the Centre on a batch of petitions pertaining to criminalisation of marital rape.

A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked the Union government to file its response on the issue by February 15 and the final hearing on the pleas would commence from March 21.

One of pleas has been filed in relation to the Delhi High Court’s split verdict on the issue.This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court.

The Delhi High Court on May 11, last year had delivered a split verdict on the issue.

However, both the judges — Justice Rajiv Shakdher and Justice C Hari Shankar –on the bench concurred with each other for granting a certificate of leave to appeal to the Supreme Court in the matter as it involves substantial questions of law which requires a decision from the top court.

While Justice Shakdher, who headed the division bench, favoured striking down the marital rape exception for being “unconstitutional” and said it would be “tragic if a married woman’s call for justice is not heard even after 162 years” since the enactment of the IPC, Justice Shankar said the exception under the rape law is not “unconstitutional and was based on an intelligible differentia”.

Another plea has been filed by a man against the Karnataka High Court verdict which had paved way for his prosecution for allegedly raping his wife.

The Karnataka High Court had on March 23, last year had said exempting a husband from allegation of rape and unnatural sex with his wife runs against Article 14 (equality before law) of the Constitution.

Few other pleas have also been filed in the apex court on the issue.

Some petitioners have challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on grounds that it discriminated against married women who are sexually assaulted by their husbands.

Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.