“Supreme Court to Hear Petition Challenging Marital Rape Exemption in IPC Section 375”

The Supreme Court of India is set to commence hearings on July 13 regarding petitions challenging the exception in Section 375 of the Indian Penal Code (IPC) that exempts forcible sexual intercourse by a husband with his wife from being classified as rape. This significant legal development comes after a prolonged period of inaction since January 2023.

Background of the Case:
Section 375 of the IPC currently defines rape as non-consensual sexual intercourse, but includes an exception that decriminalizes such acts if they occur within the bounds of marriage. This legal exception has been the subject of intense scrutiny and debate, with public interest litigations (PILs) challenging its constitutionality on the grounds of gender discrimination and the denial of justice to married women subjected to sexual violence by their spouses.

The Delhi High Court’s 2022 verdict on this issue highlighted the divided opinions among its judges. One judge deemed the clause protecting husbands from prosecution for non-consensual sex as “morally repugnant,” while the other argued that it did not violate any laws and should remain in effect.

Supreme Court’s Role and Developments:
Chief Justice of India (CJI) D Y Chandrachud has indicated that the Supreme Court will begin final arguments on the petitions challenging the marital rape exemption on July 13. The case has been pending for a significant duration, with the last major hearing occurring in January 2023.

In a notable development, the Karnataka High Court’s ruling in March 2022, which approved a trial for a man accused of raping his wife, was stayed by the Supreme Court in July 2022. The Karnataka BJP government subsequently filed an affidavit in November 2023 supporting the criminal prosecution of husbands for rape, arguing that the IPC should permit such prosecutions.

The Supreme Court appointed advocates Pooja Dhar and Jaikirti S. Jadeja as nodal counsel in January 2023 to facilitate the proceedings by preparing a comprehensive compilation of related documents and collaborating with other lawyers involved.

Government and Social Considerations:
The Union government has expressed concerns about the social ramifications of making marital rape a criminal offense. Solicitor General Tushar Mehta has emphasized that the issue should be considered beyond legalities, taking into account its social impact.

The Supreme Court has previously addressed aspects of marital rape, notably interfering with Section 375’s exception in 2017 to prevent immunity for husbands if the wife was under 15 years old. The Court also clarified that the immunity applies only if the wife is not below 18, but refrained from issuing a comprehensive opinion on the broader issue of marital rape.

Impact and Implications:
The upcoming hearings in the Supreme Court could have profound implications for the legal status of marital rape in India. If the court rules against the current exception, it could lead to significant changes in how marital rape is addressed within the legal framework, potentially providing greater protection and justice for married women.

Conclusion:
As the Supreme Court prepares to hear final arguments on the matter, all eyes will be on the judiciary to see if it will uphold or strike down the existing legal exemption for marital rape. The decision will be crucial in shaping the legal and social landscape regarding women’s rights and marital relations in India.

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