CJI Chandrachud highlighted the need to address the marital rape exception.
Post Date – 01:35 PM, Wednesday – July 23rd 19th
New Delhi: On Wednesday, the Supreme Court pledged to list a defense on the issue of marital rape.
“We will list it,” said the judges, led by Chief Justice of India DY Chandrachud. Senior counsel Indira Jaising and lawyer Karuna Nundy referred to the plea in the Supreme Court. Senior counsel Jessin said her case involved child sexual abuse cases and urged the issue to be linked to the issue of marital rape and therefore should be heard together.
CJI Chandrachud said they have to address issues related to marital rape exception.
Various petitions have been filed with the Supreme Court challenging the constitutional validity of the marital rape exception.
A petition has been filed against the Karnataka High Court’s judgment refusing to drop a rape charge against a man accused of raping and keeping his wife as a sex slave.
Another petition seeks to repeal the exception to Section 375, Section 2 of the Indian Penal Code, which provides immunity from criminal charges for husbands who engage in non-consensual sex with their wives in a married relationship. The petition was filed by activist Ruth Manorama through advocate of record Ruchira Goel.
Rape is defined in Section 2, Section 375 of the Indian Penal Code, which states that a man who has sex with his wife does not constitute rape unless the wife is under the age of 15.
Earlier, bodies such as the All India Democratic Women’s Association (AIDWA) had filed a motion in the Supreme Court against the split decision of the Delhi High Court on marital rape.
On May 12, 2022, two judges of the Delhi High Court gave a split verdict on the issue of marital rape conviction. Delhi High Court Justice Rajiv Shakdher ruled in favor of its criminalization, while Justice Hari Shankar disagreed and held that Exception 2 to Section 375 was not unconstitutional as it was based on understandable differences.
AIDWA was represented by counsel Karuna Nundy and the plea was filed through counsel Rahul Narayan.
In its request, AIDWA said allowing an exception for marital rape is damaging and defeats the purpose of the Rape Act, which explicitly prohibits non-consensual sex. The complaint says it prioritizes marital privacy over the rights of women in marriage.
The petition alleges that the marital rape exception violates Articles 14, 19(1)(a) and 21 of the Constitution.
