Marital Rape

SC defers hearing on pleas for criminalising marital rape by 4 weeks

Chief Justice D Y Chandrachud, who is demitting office on November 10, Wednesday deferred by four weeks hearing on pleas challenging the immunity granted to husbands in cases of marital rape. At the outset, a bench comprising the CJI and justices JB Pardiwala and Manoj Misra, which commenced final hearing on October 17 on the pleas, asked lawyers about the time they would be needing individually to argue. Senior advocate Gopal Sankaranarayanan, appearing for a party, said he will take at least a day to complete his submissions as he did not want to stifle the elaborate pleadings needed to be advanced in an important matter like this. Solicitor General Tushar Mehta, appearing for the Centre, senior advocates Rakesh Dwivedi, who represents Maharashtra, and Indira Jaising, representing a woman, also said they would need a day each to argue. The apex court, which is closing for Diwali vacation on October 26, reopens on November 4 and the CJI will be effectively left with five working d

Marital rape: SC to decide validity of laws granting immunity to husbands

The Supreme Court on Thursday said it will decide the constitutional validity of penal provisions in the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) which grant immunity from prosecution to a husband for the offence of rape if he forces his wife, who is not a minor, to have sex with him. A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra sought views of the petitioners on Centre's contention that making such acts punishable would severely impact the conjugal relationship and cause serious disturbances in the institution of marriage. Senior advocate Karuna Nundy, appearing for one of the petitioners, opened the arguments and referred to the provisions of the IPC and BNS on marital rape. "It is a constitutional question. There are two judgments before us and we have to decide. The core issue is of the constitutional validity (of the penal provisions)," the CJI said. Nundy said the court must strike down a provision, which wa

Marital rape: Centre argues against terming it as 'rape' in Supreme Court

The Centre argued that the complexities of marriage differentiate non-consensual sex within it from similar acts outside while acknowledging a husband has no right to violate his wife's consent

'May impact conjugal relationship': Govt against criminalising marital rape

If sexual acts by a man with his own wife is made punishable as "rape", it may severely impact the conjugal relationship and lead to serious disturbances in the institution of marriage, the Centre has told the Supreme Court. Opposing the criminalisation of marital rape, which is sought by many petitioners before the apex court, the Centre has filed its preliminary counter affidavit in the top court. The apex court is seized of petitions raising the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape. Even under the new law, Exception 2 to Section 63 (rape) says that "sexual intercourse or sexual acts by a man with his own wife, the wife not bein

SC to hear pleas against laws granting immunity to husbands in marital rape

The Supreme Court has said it listed for Tuesday pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said the pleas were already "listed tomorrow" and they would be taken up after some part-heard cases. The pleas for early listing were mentioned by senior advocate Karuna Nundy, appearing for a litigant in the case. On September 18, senior advocate Indira Jaising, appearing for one of the litigants, mentioned that the pleas needed to be heard urgently. The top court on July 16 agreed to list for hearing the pleas on the legal question. The Chief Justice had indicated that the cases might be taken up on July 18. Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his

Marital rape legislation hangs in balance ahead of Supreme Court decision

Campaigners in India await a crucial Supreme Court decision on criminalising marital rape amid criticism for its exclusion from upcoming criminal law reforms

Marital rape no less henious, silence on sexual violence must end: Guj HC

A rape is a rape, even when it is committed by a man on his wife, the Gujarat High Court has observed, citing that the silence shrouding sexual violence against women in India needs to be broken. In an order passed recently, Justice Divyesh Joshi observed that the actual incidences of violence against women in India are probably much higher than what the data suggests, and women may continue to face hostility and remain in environments where they are subject to violence. Social attitude typically characterises certain behaviours such as stalking, eve-teasing, shades of verbal and physical assault, and harassment as "minor" offences, which are "regrettably" not only trivialised or normalised but even romanticised and promoted in popular lore such as cinema, the order stated. The attitudes which view sexual crimes through the prism of "boys will be boys" and condone them, nevertheless, "have a lasting and pernicious effect on the survivors", it said. The court made these observations

Marital rape: HC says man can't be charged where wife's age is 18 or more

The Allahabad High Court has observed that "protection of a person" from being charged in "marital rape continues in cases where the wife is of 18 years of age or more". The court also cited the judgment in the case of Independent Thought Vs Union of India (2017) where the Supreme Court had held that any sexual intercourse between a man and his wife aged between 15 to 18 years would amount to rape. Justice Ram Manohar Narayan Mishra, while acquitting a husband under section 377 of IPC for allegedly committing 'unnatural sex' with his wife, noted that "ingredients of unnatural sex, comprised under Section 377 IPC are included in Section 375 (a) IPC as observed by the High Court of Madhya Pradesh". In its order, the MP High Court had opined that Section 375 IPC related to rape (as amended by the 2013 Amendment Act) includes all possible parts of penetration of the penis. When consent for such an act is immaterial, then there is no scope for the offence of Section 377 IPC to get ...

Supreme Court bench to start hearing pleas on marital rape in mid-October

The Supreme Court on Friday said it would list pleas on the issue of marital rape for hearing in mid-October. The pleas raise the legal question of whether a husband enjoys immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. A bench comprising Chief Justice D Y Chandarchud and Justices J B Pardiwala and Manoj Misra took note of the submissions of lawyer Karuna Nundy that the pleas needed to be heard. We are in midst of constitution bench hearings. We can list this after the constitution bench matters are wrapped up, the bench said and asked Solicitor General Tushar Mehta and other lawyers how much time they would take in advancing their arguments. I will take two days. This (issue) has social ramifications, the law officer said. A counsel for the petitioners said they would like to argue for three days. Then it can be listed for hearing in April next year! the CJI quipped and later said the pleas would be listed for hearing in .

3-judge Bench to hear pleas relating to criminalisation of marital rape: SC

The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. We have to resolve the matters concerning marital rape, a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior advocate Indira Jaising mentioned the matter for hearing. My case deals with the child sexual abuse case, the senior lawyer said. The CJI said these matters are to be heard by a three-judge bench and these will be listed up for hearing after the five-judge constitution benches conclude hearing some of the listed cases. Presently, a five-judge Constitution bench headed by the CJI is hearing pleas relating to regimes on grant of driving license for different kind of vehicles under the Motor Vehicle Act. The petitions relating to abrogation of Article 370 of the Constitution, which had provided special status to erstwhile Ja

SC to hear batch of petitions on criminalisation of marital rape on May 9

The Supreme Court on Wednesday fixed May 9 for a detailed hearing on a batch of petitions pertaining to criminalisation of marital rape. Senior advocate Indira Jaising mentioned the matter before a bench headed by Chief Justice DY Chandrachud. She told the bench that the order of arguments and common compilation in the case is ready. Solicitor General Tushar Mehta said the Centre's reply is ready and has to be vetted. "List this on May 9, 2023," the bench said. The top court on January 16 had sought a response of the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of the pleas has been filed in relation to the Delhi High Court's split verdict on the issue. This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. The Delhi High Court on May 11 last year had delivered a split verdict on the issue.

SC seeks response of govt on pleas seeking criminalisation of marital rape

One of pleas has been filed in relation to the Delhi High Court's split verdict on the issue.This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court

Marital rape exception egregiously problematic, says Justice Shakdher

Justice Shakdher asserted that the fact that the rapist is the husband of the victim does not make the act of sexual assault any less injurious

Criminalising marital rape: Delhi High Court delivers split verdict

Exception 2 of IPC Section 375 says that a rape charge cannot be filed against a man who has non-consensual sex with his wife

Rape even by husband is rape: Karnataka HC refuses to drop case against man

Equating sexual assault by a husband on his wife with rape, the Karnataka high court (HC) has refused to quash proceedings against a man accused of alleged rape by his wife.

HC refuses to grant more time to govt on pleas to criminalise marital rape

The Delhi HC refused to grant further time to the Centre to make its stand clear on the issue of criminalising marital rape and reserved judgement on various pleas in the matter.

Centre may clarify in HC if it wishes to withdraw its stand on marital rape

The Centre is likely to inform the Delhi HC whether it wishes to withdraw its earlier affidavit in which it had submitted that marital rape cannot be made a criminal offence

Marriage gives legal right to expect reasonable sexual relations: Delhi HC

Observing the difference between married and unmarried relationships, the Delhi High Court said on Monday that marriage gives a legal right to expect reasonable sexual relations from the partner.

Marital rape a crime of cruelty in India: Delhi govt to High Court

The Delhi government's counsel stated before the court hearing a batch of petitions seeking criminalisation of marital rape

Why criminalisation of marital rape is still a distant dream in India

The Centre has submitted before the Delhi high court that 'what may appear as marital rape to an individual wife, it may not appear so to others'