Breaking news:
Magnitude 6.3 Earthquake Hits Crete, Greece | Bengaluru Man Arrested for Asking ‘Why No One’s Bombing PM Modi’s House’ in Viral Video | "I Thought I Was Going to Die": Kim Kardashian Opens Up About Tearful Armed Robbery Experience
Logo

SC to Hear Petitions on Criminalizing Marital Rape and Legal Immunity for Husbands

The Supreme Court will address petitions on the criminalization of marital rape and evaluate the legality of existing immunity for husbands during a hearing scheduled for Tuesday 

24-09-2024
image
   

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.

Image

Justice Sanjiv Khanna Bows Out, Stresses Integrity Over Acclaim in Farewell A

On his final day as Chief Justice of India, Justice Sanjiv Khanna highlighted the importance of inst

Read More
Image

Justice B.R. Gavai Takes Oath as 52nd Chief Justice of India, Becomes First B

Justice Bhushan Ramkrishna Gavai's elevation to Chief Justice marks a historic moment for inclusivit

Read More
Image

Need for judges to step beyond the confines of the courtroom and engage thou

When judges share their insights and opinions in public forums, they perform a vital democratic func

Read More