New Delhi, Oct 16: On Thursday, the Supreme Court will begin hearing petitions concerning the legal protection that allows a man to force his wife, who is not a minor, to have sex with him. A bench comprising Chief Justice of India DY Chandrachud and Justices J.B. Pardiwala and Manoj Misra announced this development on Wednesday.
This hearing is particularly significant given the Centre's opposition to calls for the criminalization of marital rape. The government argues that making sexual acts between a husband and wife punishable as "rape" could severely disrupt marital relationships and the institution of marriage itself.
Senior Advocate Karuna Nandy, representing some of the petitioners, raised the issue before the bench at the end of the day’s proceedings after it could not be addressed earlier. Chief Justice Chandrachud confirmed that the "marital rape matter" would be the first item on the agenda for Thursday.
When Solicitor General Tushar Mehta, representing the Centre, requested a postponement, the Chief Justice insisted on proceeding with the hearing as scheduled, noting that it had been mentioned multiple times in the past for urgent attention.
Currently, under the now-repealed Section 375 of the Indian Penal Code (IPC), sexual intercourse by a man with his adult wife is not classified as rape. The new law, the Bharatiya Nyaya Sanhita (BNS), maintains a similar exception in Section 63, stating that such acts are not considered rape as long as the wife is over 18.
On January 16, 2023, the Supreme Court asked the Centre to respond to petitions challenging the IPC's provision that protects husbands from prosecution for forced sexual intercourse with their adult wives. A notice was issued to the Centre on May 17 regarding a similar challenge to the BNS.
