Even though the Union government does not take a position on the matter, the Supreme Court made it clear on Wednesday that it will base its decision over the validity of the immunity offered to spouses from prosecution for marital rape only on legal principles. Senior advocate Indira Jaising urged an early hearing on the subject, and the bench indicated that it would address the legal question in the case.
Supreme Court To Decide On Marital Rape Law
On Wednesday, September 18, the Supreme Court said that the immunity granted to husbands’ prosecution of marital rape is based only on legal grounds, even if the Union government decides not to submit an affidavit regarding the incident. A bench led by the Chief Justice of India Dhananjaya Y Chandrachud said “It is a matter of law. They will have to argue on the point of law if they have chosen not to file an affidavit,” when a counsel pointed out how the Centre has not given its final response.
Senior advocate Indira Jaising urged an early hearing on the subject, and the bench indicated that it would address the legal question in the case. The case was scheduled for hearing, but owing to an ongoing part-heard case, it could not be taken. The Supreme Court had requested the Center’s response in January 2023 about arguments concerning the IPC’s protection against prosecution for coerced sexual relations in cases where the wife is an adult and the criminalization of marital rape. The Center stated that there are social ramifications to this problem. But then it stated that it would file a response.
Remarkably, in November 2022, the government of Karnataka backed the ruling of the High Court from March 23, 2022, which denied dropping the rape charges brought under Section 376 of the Indian Penal Code (IPC) against a husband who was not the accused of the crime. Before this, on May 11, 2022, the Delhi High Court rendered a divided decision about the criminal law’s exception for husbands who commit sexual assault.