Supreme Court Delays Marital Rape Hearings Pending Government Response
The Supreme Court said it will wait for the central government's position before fixing a hearing date on petitions seeking to criminalise marital rape.
On Monday, the Supreme Court announced it will postpone fixing a hearing date on several petitions that aim to criminalise marital rape until the central government submits its substantive response. Senior counsel Indira Jaising, representing a wife, highlighted that the Union has only lodged a preliminary objection and that the parties have not yet exchanged petitions, requesting a November slot. The bench, comprising Chief Justice Surya Kant, Justices Joymalya Bagchi and V Mohana, agreed to schedule the matter after hearing the government's position.
Another petitioner’s lawyer, Karuna Nundy, stressed the need for a timely date to complete pleadings. The petitions challenge the marital-rape exception in Section 375 of the former IPC, now reflected in exception 2 of Section 63 of the Bharatiya Nyaya Sanhita, arguing it violates constitutional equality. The court previously sought the Centre’s reply in January 2023 and has issued further notices on related pleas. A related Delhi High Court split verdict from May 2022 is also part of the batch.
