The Supreme Court is set to hear petitions seeking the criminalization of marital rape on Tuesday, addressing the legal immunity currently granted to husbands in such cases. A bench led by Chief Justice DY Chandrachud and Justice JB Pardiwala will consider these petitions, which have been pending since last year.

Recently, the Supreme Court emphasized that the matter would be resolved based on legal principles, especially after the Central Government failed to file an affidavit clarifying its position on this contentious issue. The Chief Justice remarked that the Centre must present oral arguments regarding the legal framework during the hearing.

Historically, the exception clause of Section 375 of the Indian Penal Code (IPC) stated that non-consensual sexual intercourse by a husband with his wife, if she was over 15 years old, did not constitute rape. The Bharatiya Nyaya Sanhita (BNS), which replaced the IPC in July 2024, maintained this exception but raised the age limit from 15 to 18 years.

The Supreme Court first sought the Centre's response on the issue of marital rape on January 16, 2023. The Centre acknowledged that the matter has significant legal and social implications. The debate intensified following contrasting judgments from the Karnataka and Delhi High Courts in separate cases.

In May 2022, the Delhi High Court delivered a split ruling regarding the criminalization of marital rape. Justice Rajiv Shakdher deemed the provision unconstitutional, while Justice C Hari Shankar upheld it, arguing that legal amendments fall under the legislative domain. In March 2023, the Karnataka High Court asserted that exempting husbands from allegations of rape and unnatural sex with their wives contradicted Article 14 of the Constitution, which guarantees equality before the law.