The Supreme Court has taken a significant step by issuing notice to the Centre concerning a plea that challenges the retention of the marital rape exception in the new criminal law, Bharatiya Nyay Sanhita.
The bench, led by Chief Justice of India DY Chandrachud, has decided to tag the matter with a petition that challenges similar provisions under the Indian Penal Code (IPC) and has listed it for hearing in July.
The All India Democratic Women’s Association (AIDWA) filed the plea, with Senior Advocate Karuna Nundy representing the petitioner. Previously, several petitions were filed in the Supreme Court questioning the constitutional validity of the exception to marital rape outlined in the IPC.
One such petition contests a Karnataka High Court judgment that refused to dismiss the charge of rape against a man accused of raping and exploiting his wife as a sex slave.
Another petition seeks to strike down Exception 2 to Section 375 of the Indian Penal Code, which shields husbands from criminal charges for non-consensual sexual intercourse with their wives in marital relationships. This petition was filed by activist Ruth Manorama through advocate on record Ruchira Goel.
Exception 2 to Section 375 defines rape, stating that sexual intercourse by a man with his wife is not considered rape unless the wife is below 15 years of age.
Previously, the All India Democratic Women’s Association (AIDWA), among others, approached the Supreme Court against the Delhi High Court’s divided verdict on the issue of criminalizing marital rape.
In a significant development, a two-judge bench of the Delhi High Court delivered a split verdict on May 12, 2022, concerning the criminalization of marital rape.
Justice Rajiv Shakdher favoured criminalization, while Justice Hari Shankar disagreed, asserting that Exception 2 to Section 375 does not violate the Constitution as it is based on intelligible differences.
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