A Supreme Court bench comprising of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala on Monday sought the Centre's response on a batch of petitions about the criminalization of marital rape.
The apex court asked the Union government to file its response to the pleas by February 15, deciding on March 21 as the date for the commencement of the final hearing on the pleas.
One of the pleas, filed by Khushboo Saifi is about the Delhi High Court's split verdict on the issue. On May 11, 2022, the Delhi High Court delivered a split verdict on the issue.
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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, favored 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".
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Another plea has been filed by a man against the Karnataka High Court verdict which paved way for his prosecution for allegedly raping his wife. The Karnataka High Court had on March 23, last year said exempting a husband from the allegation of rape and unnatural sex with his wife runs against Article 14 (equality before law) of the Constitution.
A 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 and abused 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.
(With PTI inputs)
