The Supreme Court of India is poised to begin hearings tomorrow on a critical legal challenge that could redefine the contours of marital rights and sexual consent. The case focuses on the current legal exception which excludes marital rape from the definition of rape under the Indian Penal Code (IPC). This exception has ignited a nationwide debate on the nature of marriage and the rights of women within matrimonial homes.
Senior Advocate Karuna Nandy, representing the petitioners, emphasized the urgency of addressing this issue to a bench led by Chief Justice DY Chandrachud. Despite a packed schedule and a request by the Solicitor General Tushar Mehta to delay the hearing due to conflicting commitments, Chief Justice Chandrachud confirmed the case would be prioritized, asserting, “It’s a fixed matter on board; let them start tomorrow.”
The controversy centers around Exception 2 of Section 375 of the IPC, which states that sexual intercourse by a man with his wife, if she is not under fifteen, is not considered rape. This legal provision has long been criticized for perpetuating a view of marriage that denies wives the same protection against sexual violence that is afforded to other women.
The bench, which also includes Justices JB Pardiwala and Manoj Misra, will examine the constitutional validity of this exception alongside Section 9 of the Hindu Marriage Act concerning restitution of conjugal rights. The government, in its affidavit, argued against criminalizing marital rape, suggesting it might be “excessively harsh” and could disrupt the marital institution. They advocated for a broader consultative process, labeling the issue as more social than legal and cautioning against hasty judicial intervention.
The petitions before the court vary, including appeals against a split verdict from the Delhi High Court on the marital rape exception, Public Interest Litigations (PILs) challenging the legality of the exception, and specific cases like a plea against a Karnataka High Court judgment that upheld rape charges against a husband.
As the nation watches, the Supreme Court’s deliberations are expected to generate profound discussions on marriage, consent, and the rights of women. The outcome could potentially transform the legal framework regarding marital relationships and set a significant precedent in the ongoing struggle for gender equality in India.
