On Marital Rape, Supreme Court Asks if Courts Can Prosecute What State Does Not Define as ‘Rape’
The bench will examine whether the marital rape exception violates equality guarantees and whether husbands can still face prosecution under the law.
- The Supreme Court of India scheduled final hearings for petitions challenging the marital rape exception, set to commence in three weeks on Wednesdays and Thursdays, Chief Justice Surya Kant's bench announced on Wednesday.
- Legal debates persist because the Bharatiya Nyaya Sanhita, 2023, retains an exception stating "sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape."
- A Delhi High Court split verdict triggered this challenge; Justice Rajiv Shakdher labeled the exception "unconstitutional," saying it would be "tragic if a married woman's call for justice is not heard even after 162 years," while Justice Shankar disagreed.
- Karnataka High Court observations suggest exempting husbands from rape allegations violates Article 14 of the Constitution; Solicitor General Tushar Mehta confirmed the Centre's previous affidavit applies to all related petitions.
- The court will assess the constitutional validity of the provision exempting husbands from rape prosecution, determining if a prosecution can be sustained if the exception survives and whether husbands should enjoy immunity.
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On marital rape, Supreme Court asks if courts can prosecute what State does not define as ‘rape’
While Justice Bagchi agreed that a “person in a matrimony subjected to involuntary sexual intercourse is definitely a victim”, he said “the question before us is whether the State defines it as ‘rape’ or not”.
The Supreme Court has begun hearing a case on the constitutional validity of the marital rape exception. The court will first examine a case from Karnataka in which a husband is accused of sexually assaulting his wife.
Marital Rape Case: Why Supreme Court Will First Hear Karnataka ‘S*x Slave’ Appeal | 📰 LatestLY
The Supreme Court will first hear a Karnataka case involving a husband accused of treating his wife as a 's*x slave' before ruling on the constitutionality of the marital rape exception. CJI Surya Kant's bench will examine whether existing law already allows prosecution in such cases. 📰 Marital Rape Case: Why Supreme Court Will First Hear Karnataka ‘S*x Slave’ Appeal.
Marital rape: Supreme Court to begin final hearing after 3 weeks
The Supreme Court has scheduled a final hearing for a batch of petitions challenging the marital rape exception in Indian law. The court will examine the constitutional validity of the provision that grants immunity to husbands from prosecution for sexual acts with their wives, even under the newly enacted Bharatiya Nyaya Sanhita, 2023. This significant legal challenge follows split verdicts from High Courts and seeks to address whether such an …
Supreme Court examines marital rape, says marriage does not mean loss of individual autonomy
The Supreme Court has taken up a batch of cases challenging and seeking interpretation of the marital rape exception, with the court deciding to first hear an appeal arising from a Karnataka High Court judgment that allowed prosecution in a case where a wife was allegedly treated as a “sex slave”.
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