SC assures to list plea concerning marital rape

CJI Chandrachud highlights the need to address marital rape exceptions for resolution.

New Delhi: The Supreme Court on Wednesday gave assurance of listing the pleas concerning marital rape issues.

A bench headed by Chief Justice of India DY Chandrachud said, “We will list it.” Senior Advocate Indira Jaising and Advocate Karuna Nundy mentioned the plea before the Supreme Court. Senior Advocate Jaising said that her case dealt with a child sexual abuse case and urged that the issue is tied to marital rape matters so it should be heard together.

---

CJI Chandrachud remarked that they have to resolve the issue relating to exceptions concerning marital rape.

Various petitions were filed in the Supreme Court challenging the constitutional validity of the exception to marital rape issue.

One petition is against the Karnataka HC judgement, which declined to quash the charge of rape against a man accused of raping and keeping his wife as a sex slave.

Another petition has sought the striking down Exception 2 to Section 375 of the Indian Penal Code, which immunes the husband of criminal charges for non-consent sex with his wife in a marital relationship. The petition was filed by an activist Ruth Manorama through the advocate on record Ruchira Goel.

Exception 2 to Section 375 of the Indian Penal Code, which defines rape, states that sexual intercourse by a man with his wife is not rape unless the wife is below 15.

Earlier All India Democratic Women’s Association (AIDWA), among others, moved the Supreme Court against Delhi High Court’s split verdict on an issue relating to criminalising marital rape matters.

Two- judge Bench of Delhi HC on May 12, 2022, pronounced a split verdict on the issue relating to criminalising marital rape. Delhi HC’s Judge Justice Rajiv Shakdher ruled in favour of criminalising while Justice Hari Shankar disagreed with the opinion and held that Exception 2 to Section 375 does not violate the Constitution as it is based on intelligible differences.

AIDWA was represented by advocate Karuna Nundy and the plea was filed through advocate Rahul Narayan.

AIDWA, in its plea, had said that the exception allowed to marital rape is destructive and in opposition to the object of rape laws, which clearly ban sexual activity sans consent. It places the privacy of a marriage on a pedestal above the rights of the woman in the marriage, the plea said.

The petition said that Marital Rape Exception is in violation of Articles 14, 19(1)(a) and 21 of the Constitution.