supreme-court-to-hear-marital-rape-pleas-next-week

Supreme Court of India, next week, will hear pleas regarding marital rape, deciding on whether a husband can be protected from legal consequences if he compels his wife, who is an adult, to have sex against her will, amidst intense debate on the issue. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra confirmed the hearing date on Monday.

 

Now repealed and replaced by the Bhartiya Nyaya Sanhita, under the exception clause of Section 375 of the Indian Penal Code, sexual intercourse led by a man with his wife, who's an adult, is not categorized under rape.

 

The new law, exception 2 to Section 63 (rape) says: "Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape".

 

Senior advocates Karuna Nandy and Indira Jaising have argued that the petitions should be accorded priority, citing the need for clarity on the issue. The Centre has been asked to respond to the petitions, which challenge the constitutionality of the marital rape exception.

 

The Delhi High Court had previously delivered a split verdict on the issue, with one judge favouring the striking down of the exception and the other upholding it.

 

The Supreme Court's decision is eagerly awaited, as it will set a precedent for the country.

 

In a significant development, the Karnataka High Court ruled that exempting husbands from allegations of rape and unnatural sex with their wives is unconstitutional, paving the way for prosecution in such cases.

 

The Supreme Court's hearing next week is expected to bring clarity to the legal and social implications of marital rape in India.

 

The newly enacted laws — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam — came into effect from July 1, replacing the IPC, CrPC, and the Evidence Act.