Marital Rape Case: The Supreme Court on Thursday (October 17) will begin hearing petitions related to the question of whether a man should continue to get legal protection if he forces his wife to have sex with him. A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said on Wednesday that it will start hearing the petitions on October 17.
This hearing assumes significance in view of the Centre's opposition to the petition seeking to criminalize marital rape. The Center argued in the Supreme Court that if sexual intercourse by a man with his wife is made punishable as “rape”, it could have a serious impact on marital relations and the institution of marriage. Can have serious effects.
'Marital rape case will be heard first'
Senior advocate Karuna Nandi, appearing for some of the litigants, mentioned these petitions before the bench at the end of the day's proceedings, as they could not be mentioned during the day. The Chief Justice said, “The case of marital rape will be taken up for hearing first, we will start the hearing from tomorrow.”
When Solicitor General Tushar Mehta, appearing for the Centre, sought adjournment, the Chief Justice said, “This is a pre-determined matter, let them start it from tomorrow.” This matter has been mentioned for urgent hearing several times before.
What is the provision now?
Under the exception clause of section 375 of the Indian Penal Code (IPC), which has now been repealed and replaced by the Indian Code of Justice (BNS), sexual intercourse by a husband with his wife, if the wife is not a minor Yes, it is not rape. Even under the new law, Exception 2 to Section 63 (rape) states that “sexual intercourse by a husband with his wife, if the wife is not under 18 years of age, is not rape.” ''
Supreme Court had issued notice to the Center
On January 16, 2023, the Supreme Court had sought response from the Center on petitions challenging the provision of the IPC, which provides protection from prosecution to the husband for forced sexual intercourse when the wife has attained majority. On May 17, the court had issued a notice to the Center on a similar petition challenging the provision of BNS on this issue. According to the Centre, this case has legal and social implications.
One of these cases is an appeal filed by a woman after the Delhi High Court's divided decision on this issue on May 11, 2022. While delivering the judgement, Justice Rajiv Shakdhar and Justice C Hari Shankar had agreed to allow the petitioners to appeal to the Supreme Court as the case involves important questions of law which need to be decided by the Supreme Court. Is.
Following the Karnataka High Court order, another petition has been filed on behalf of a man facing trial for marital rape, seeking immunity for the husband from charges of rape and unnatural sex with his wife. It is against Article 14 of the Constitution (equality before law). Another group of petitions are PILs filed against the IPC provision, challenging the constitutionality of the exception under Section 375 (rape) of the IPC.
