Keywords: Early Hearing, Marital Rape, Supreme Court, Examine, IPC
On Wednesday, the Supreme Court announced its intention to review the possibility of listing petitions that challenge the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code. This exception pertains to non-consensual marital relations and exempts it from being considered as rape. Initially scheduled for May 9, 2023, the batch of petitions could not be heard on March 21, 2023, due to Justice JB Pardiwala’s absence from the bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
Today, the matter was brought up before a bench consisting of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra, as it had not been listed previously. Senior Advocate Indira Jaising, representing a plea challenging the Karnataka High Court’s decision that a husband could be held liable for the offense under Section 376 IPC (Indian Penal Code) if he rapes his wife, urged for an early hearing. She emphasized that the case’s facts also involve allegations of child sexual abuse, making the matter even more pressing for prompt consideration.
Previously, Jaising had specifically asked for her case to be listed independently, separate from the batch of petitions challenging the marital rape exception. She clarified that her case focused on the interpretation of the exception rather than its validity. Jaising further highlighted the presence of a POCSO (Protection of Children from Sexual Offences) issue in her matter, underscoring the need for a separate hearing.
Today, Jaising urged the court to schedule the hearing for her matter after the ongoing Constitution Bench proceedings conclude. Presently, a Constitution bench, comprising Chief Justice of India DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra, is hearing a set of pleas to determine whether a driving license for a “light motor vehicle” can be utilized to drive a vehicle weighing 7500 kg.
Lisa Gupta, NUSRL, Ranchi, Semester 3, an intern under Legal Vidhiya
