All That Happened At The Supreme Court Hearing Of Plea To Criminalise Marital Rape
The next hearing is on March 21
Marital rape has been a hot topic of debate over the past year as women across the country are actively challenging Exception 2 of Section 375 of IPC which provides protection to husbands from being charged with rape for having non-consensual sex with their wives. Currently, the Supreme Court is listening to a batch of petitions regarding the constitutional validity of Exception 2 of Section 375. A Supreme Court bench comprising Chief Justice Of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala heard the petitions on Monday, Jan 16. Here are all the updates in the case.
What Petitions Are Included In The Batch Of Petitions Being Heard By The Apex Court?
The Supreme Court Bench comprising of CJI DY Chandrachud and Justices PS Narasimha and JB Pardiwala heard a batch of petitions that includes 4 matters pertaining to the constitutional validity of the marital rape exception. The first one is an appeal against the recent split verdict of the Delhi High Court in the petitions challenging martial rape exception filed by NGOs RIT Foundation and All India Democratic Women’s Association and two others. The second is the PILs filed against the marital rape exceptions and the third is a plea challenging a Karnataka High Court judgement that dismissed a plea to quash a rape charge framed against a husband for raping and assaulting his wife under Section 376. The fourth matter is all the intervening applications in the matter.
Also Read: Karnataka High Court Terms Marital Rape Exception Regressive, Says “Brutal Acts Of Sexual Assault On Wife By The Husband Is Rape”
What Happened During The Hearing On January 16?
1. Submission Made In The Petition Against Karnataka HC Judgement
Advocate Siddharth Dave appeared for the husband in the appeal against the Karnataka High Court judgement while Senior Advocate Indira Jaising appeared for the wife. The former submitted that his client’s matter is different than the PILs since the case is live and the person in question is directly being affected by the same. On the other hand, senior advocate Indira Jaising requested suppression of the identity of the wife and the same was accepted by the CJI who said that the wife’s identity will be redacted from the paperwork.
Siddharth Dave: My learned friends are in PIL. I'm for a person directly affected. This is a live case.
[Dave appears in a plea challenging the Karnataka HC judgement which had upheld prosecution of a husband who allegedly raped his wife]#SupremeCourtofIndia #SupremeCourt
— Live Law (@LiveLawIndia) January 16, 2023
CJI DY Chandrachud: The identity of the applicant shall be redacted.#SupremeCourtofIndia #SupremeCourt #maritalrape
— Live Law (@LiveLawIndia) January 16, 2023
2. Suggestions Submitted In Plea Challenging Delhi HC’s Split Verdict
In the petition challenging the Delhi High Court’s split verdict in the plea against the marital rape exception, the Solicitor General of India submitted suggestions to the Supreme Court bench. The first one was that the Supreme Court can ask a third judge from the High Court to decide the case and then the Top Court can have a final word, and the second suggestion was that the Apex Court can hear the case. But CJI DY Chandrachud disagreed with option 1 stating that the Supreme Court already has the views of the High Court.
CJI DY Chandrachud: Not necessarily. Union will have to file counters?
SG: Yes because this will have social ramifications…
Sr Adv Jaising: It's the Karnataka govt which will file…#SupremeCourtofIndia #SupremeCourt #maritalrape
— Live Law (@LiveLawIndia) January 16, 2023
Also Read: Delhi HC Delivers Split Verdict On Marital Rape: One Judge Calls It Unconstitutional, Other Disagrees
3. Supreme Court Orders Union Government To Submit Affidavits In The Matter
Further, CJI DY Chandrachud questioned if the Union Government wishes to file a response in the matter to which the Solicitor General submitted that the government has sought the views of the States as the matter not only has legal ramifications but also social ramifications. In response, the Supreme Court sought a response from the Central Government by February 15 while appointing two nodal counsels and seeking a common compilation and filing the same by March 3.
CJI DY Chandrachud: Ms. Pooja Dhar and Ms Jaikriti Jadeja have been appointed as nodal counsels. They shall prepare a common compilation. Written submissions shall be filed by 3rd March 2023.#SupremeCourtofIndia #SupremeCourt #maritalrape
— Live Law (@LiveLawIndia) January 16, 2023
Also Read: Delhi HC’s Justice Rajiv Shakdher Says False Cases Not A Reason To Not Strike Down Unconstitutional Marital Rape Exception
The next hearing of the matter pertaining to the constitutional validity of the marital rape exception is scheduled for March 21, 2023. Here’s to hoping that this case provides women with protection against marital rape. We’re holding our breath for some positive change.
