The Supreme Court on Wednesday took a significant step towards reconsidering the contentious legal issue of marital rape, announcing plans to potentially list for hearing several pleas challenging laws that provide immunity to husbands from prosecution. The pleas argue against the legal framework that currently exemits a husband from being charged for the offense of rape if he compels his non-minor wife to have sex against her will.
The bench, led by Chief Justice D Y Chandrachud and including Justices J B Pardiwala and Manoj Misra, was approached by senior advocate Indira Jaising. Jaising stressed the urgency of the matter, pointing out the critical need for judicial review. In response, Chief Justice Chandrachud acknowledged the ongoing part-heard matters but assured consideration of the workload to potentially schedule the marital rape cases soon.
The legal challenge focuses on the exception clauses under the now-repealed Section 375 of the Indian Penal Code and its successor under the Bharatiya Nyaya Sanhita, which similarly maintain that sexual acts by a man with his wife do not constitute rape if the wife is over eighteen years of age.
This issue has seen varying judicial responses; notably, a split verdict from the Delhi High Court in May 2022 raised substantial questions of law regarding the constitutional validity of the marital rape exception. Additionally, a contrasting judgment by the Karnataka High Court in March of the previous year recognized such exemptions as contrary to the principles of equality before the law as enshrined in Article 14 of the Constitution.
