NEW DELHI: The Supreme Court on Wednesday said it will soon take up for hearing a batch of pleas challenging the marital rape exception for husbands under the new criminal laws. A three-judge bench, led by the Chief Justice of India (CJI) D Y Chandrachud, assured the petitioners that the matter would be heard soon.
The apex court said this after senior advocate Indira Jaising, appearing for one of the petitioners, said that the pleas needed to be heard urgently.
Notably, the Centre has not taken a stand on the controversial issue so far. There was a batch of pleas pending in the court, including a plea from AIDWA challenging the marital rape exception under the new criminal laws.
On May 12, 2022, a two-judge bench of the Delhi High Court pronounced a split judgment on the issue related to criminalising marital rape. Judge Justice Rajiv Shakdher ruled in favour of criminalising it. At the same time, Justice C Hari Shankar disagreed with the opinion and held that Exception 2 to Section 375 does not violate the Constitution as it is based on intelligible differences.
After this, many petitions were filed before the SC, challenging the Delhi HC verdict and seeking appropriate orders and directions, including that of making marital rape as offence. Solicitor General (SG) Tushar Mehta, senior law officer representing the Centre, had on January 16, 2023, told the apex court that the issue has legal as well as “social implications” and that the govt would like to file its response to the petitions.
The PILs have challenged the constitutionality of the marital rape exception under Section 375 (Rape) of the IPC (Indian Penal Code (IPC) on the ground thatit discriminates against married women who are sexually assaulted by their husbands. Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife is not a rape.
Also in top court
Gender sensitisation panel revamped
Chief Justice D Y Chandrachud on Wednesday reconstituted the Supreme Court Gender Sensitisation and Internal Complaints Committee (GSICC). To be now headed by Justice BV Nagarathna, the committee will address issues related to gender discrimination, harassment, complaints, and inequality.
Hearing on ED powers deferred
The Supreme Court on Wednesday deferred to October 16, the hearing on a question whether its 2022 verdict upholding the Enforcement Directorate’s powers to arrest and attach property under the Prevention of Money Laundering Act required any reconsideration.Kapil Sibal opposed it.