Supreme Court To Hear Pleas Seeking To Criminalise Marital Rape On May 9

On January 16, the apex court sought a response from the Centre on a batch of petitions pertaining to criminalisation of marital rape.

Supreme Court said it will hear a series of petitions seeking to criminalize marital rape on May 9.

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New Delhi: The Supreme Court on Wednesday said that it will hear a series of petitions seeking to criminalise marital rape on May 9. Senior advocate Indira Jaising mentioned the matter before a three-judge bench led by Chief Justice DY Chandrachud, PTI reported.

She told the bench that the order of arguments and common compilation in the case is ready.

Solicitor General Tushar Mehta said the Centre's reply is ready and has to be vetted.

"List this on May 9, 2023," the bench said, as reported by PTI.

On January 16, the apex court sought a response from the Centre on a batch of petitions pertaining to criminalisation of marital rape.

The Centre, represented by Solicitor General Tushar Mehta, told the bench headed by Chief Justice D Y Chandrachud that the issue has legal as well as "social implications" and the government would like to file its response to the petitions.

"The Union of India shall file a counter affidavit by February 15, 2023. The batch of petitions will be heard on March 21," ordered the bench, which also comprised Justices PS Narasimha and J B Pardiwala.

The petitions couldn't be heard yesterday owing to Justice Pardiwala's absence, Live Law reported.

One of the pleas has been filed in relation to the Delhi High Court's split verdict on the issue. This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court.

The Delhi High Court on May 11 last year delivered a split verdict on the issue. 

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 allegation of rape and unnatural sex with his wife runs against Article 14 (equality before law) of the Constitution.

The set of pleas is PILs filed against the IPC provision and have challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on the ground that it 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, the wife not being minor, is not rape.

(With PTI inputs)