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CJI Defers Hearing on Criminalization of Marital Rape Cases

TDN

New Delhi: In a significant development regarding the ongoing discourse on marital rape, Chief Justice of India (CJI) DY Chandrachud announced on Wednesday the deferral of hearing on a series of pleas advocating for the criminalization of marital rape. The decision comes amidst concerns that the oral arguments in the case would require considerable time and that a judgment would likely not be delivered before the CJI’s impending retirement on November 10, when he turns 65. The three-judge bench led by CJI Chandrachud, which includes Justices JB Pardiwala and Manoj Misra, acknowledged the timeline presented by legal representatives from various parties involved in the matter.

They concluded that completing the hearings in the near future was not feasible, prompting the recommendation for the issue to be taken up by a new bench in four weeks. This case has garnered significant attention since January last year when the Supreme Court opted to directly address the issue of marital rape instead of allowing individual high courts to decide. The court had sought the Union government’s response to multiple petitions requesting the criminalization of marital rape. In a notable ruling from July 2022, the Supreme Court stayed a Karnataka High Court judgment that permitted the trial of a husband accused of raping his wife.

This marked a pivotal moment in the ongoing legal battle surrounding the definitions and implications of marital consent. Earlier discussions within the Delhi High Court displayed divided opinions on the matter, with an appeal challenging the exception to Section 375 of the now-repealed Indian Penal Code (IPC) brought forth in May 2022. A bench comprising Justice Rajiv Shakdher and Justice C Hari Shankar expressed contrasting views on this exception, which currently exempts husbands from being charged with rape in instances of non-consensual intercourse with their wives.

Justice Shakdher argued in favor of striking down the contentious law, declaring the exemption for husbands as unconstitutional. In contrast, Justice Shankar disagreed, leading to a complex legal landscape surrounding this sensitive issue. As the nation awaits further hearings, the deferral highlights the intricate balance between societal norms and the need for legal reform in addressing the rights of women within marriage. The Supreme Court's ongoing deliberations will be pivotal in shaping the future legal framework concerning marital rape in India.