The Supreme Court on Monday sought response from the Centre on a batch of petitions on criminalisation of marital rape. A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked the Union Government to file its response on the issue by February 15 and the final hearing on the pleas would commence from March 21.
Solicitor General Tushar Mehta said that the Central Government has asked States for their views on the plea seeking criminalisation of marital rape. He said that apart from legal ramifications, the matter will have social ramifications as well and hence sought permission to file a counter.
Recently, the apex court has transferred all petitions on crimiliasation of marital rape from many High Courts including Karnataka, where arguments were going for the past one year. Previous year there was split verdict in Delhi High Court on the matter by the Bench comprising Justices Rajiv Shakder and C Har Shankar. Justice Shakdar supported the criminilisation of marital rape and Justice Hari Shanker rejected the petition by upholding the existing provisions which prevent registering case in rape accusations in married life.
Some petitioners have challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on grounds that it discriminated against married women who are sexually assaulted by their husbands. Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.