SC issues notice to Centre over plea challenging retaining of marital rape exception in new criminal law
May 17, 2024
New Delhi [India], May 17 : The Supreme Court on Friday issued notice to the Centre on a plea challenging retaining of marital rape exception in the new criminal law Bharatiya Nyay Sanhita.
A bench headed by Chief Justice of India DY Chandrachud said that it will tag the matter with a petition challenging the same as per IPC and and listed it in July.
The plea was filed by the All India Democratic Women's Association (AIDWA). The petitioner was represented by Senior Advocate Karuna Nundy.
Earlier Various petitions were filed in the Supreme Court challenging the constitutional validity of the exception to marital rape under the provisions of the Indian Penal Code.
One petition is against Karnataka HC judgement, which declined to quash the charge of rape against a man accused of raping and keeping his wife as a sex slave.
Another petition has sought striking down Exception 2 to Section 375 of the Indian Penal Code, which immunes husband of criminal charges for non-consent sex with wife in a marital relationship.The petition was filed by one activist Ruth Manorama through advocate on record Ruchira Goel.
Exception 2 to Section 375 of the Indian Penal Code, which defines rape, states that sexual intercourse by a man with his wife is not rape unless the wife is below 15 years of age.
Earlier All India Democratic Women's Association (AIDWA) among others moved the Supreme Court against Delhi High Court's split verdict on the issue relating to criminalising marital rape matter.
Two- judges Bench of Delhi HC on May 12 2022 pronounced a split verdict on the issue relating to criminalising marital rape. Delhi HC's Judge Justice Rajiv Shakdher ruled in favour of criminalising while Justice Hari Shankar disagreed with the opinion and held that Exception 2 to Section 375 does not violate the Constitution as it is based on intelligible differences.
