New Delhi: Supreme Court to hear pleas on marital rape in October

New Delhi : 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 Chandrachud 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 mid-October.

Earlier, senior advocate Indira Jaising had mentioned the plea for urgent hearing. The constitutional validity of an exception clause of Section 375 (rape) of the Indian Penal Code (IPC) is under challenge as it exempts a husband from being prosecuted for rape for having non-consensual sexual intercourse with the spouse if she happens to be an adult. “We have to resolve the matters concerning marital rape,” the bench said.

The CJI had said these matters are to be heard by a three-judge bench and will be listed for hearing after the five-judge constitution benches conclude hearing some listed cases. On January 16, the top court sought the Centre's response to the petitions pertaining to criminalisation of marital rape and the IPC provision on it.