Is marital rape a crime? SC to hear petitions on May 9


NEW DELHI: The Supreme Courtroom on Wednesday mentioned it’ll hear on May 9 a clutch of pleas in reference to the criminalization of marital rape.

Senior advocate Indira Jaising talked about the matter earlier than a bench headed by Chief Justice DY Chandrachud. Jaising submitted earlier than the courtroom that widespread compilation and the order of arguments within the case is prepared.

Solicitor General Tushar Mehta mentioned the Centre’s reply is prepared and it must be vetted, and added that he would argue the case for one-and-a-half days because it pertains to an vital problem. The bench mentioned, “List this on May 9, 2023”.

On January 16, the Supreme Courtroom sought response from the central authorities on a clutch of petitions in search of criminalization of marital rape.

The highest courtroom determined to take up the matter itself as an alternative of letting totally different excessive courts take a name.

In May final yr, after the Delhi Excessive Courtroom’s verdict that expressed ‘break up views’ on criminalization of marital rape, an enchantment was moved within the Supreme Courtroom difficult the exception to Section 375 of the Indian Penal Code.

Additionally, in July final yr, the highest courtroom had stayed the Karnataka Excessive Courtroom judgment, which allowed the trial of a husband for allegedly raping his spouse. In May, the apex courtroom had issued discover within the husband’s plea in opposition to the Karnataka Excessive Courtroom judgement, nonetheless, it had then refused to remain the excessive courtroom’s judgment and trial proceedings. And, petitions have additionally been filed within the apex courtroom in search of criminalization of marital rape.

On May 11 final yr, a excessive courtroom bench of Justice Rajiv Shakdher and Justice C. Hari Shankar expressed totally different opinions within the judgment on the exception to Section 375 of the IPC, which exempts forceful sexual activity by a person together with his personal spouse from the To put in offense of rape.

Justice Rajiv Shakdher supported placing down the contentious regulation stating that the exemption of the husband from the offense of marital rape is unconstitutional to which Justice Hari Shankar didn’t agree.

“The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of Article 14 and are therefore struckdown,” mentioned Justice Shakder.

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