 |
|
The Supreme Court of India has deferred the hearing of petitions seeking to criminalize marital rape due to the looming retirement of Chief Justice of India (CJI) DY Chandrachud, who is presiding over the bench currently handling the case. The court, comprising CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, had begun hearing the matter on October 17th. However, with multiple parties presenting their arguments, it became apparent that the hearing would extend beyond the CJI's retirement date of November 10, 2024.
The postponement highlights the complexities surrounding the issue of marital rape in India. The petitioners are challenging Exception 2 to Section 375 of the Indian Penal Code and Section 63 of the Bharatiya Nyaya Sanhita, which currently exempt husbands from being charged with rape for sexual acts with their wives. The Union government, in its recent affidavit, opposed criminalizing marital rape, arguing that existing legal remedies are sufficient to protect married women from sexual violence. The government also expressed concern that criminalizing marital rape could have disproportionate and potentially harsh consequences for the institution of marriage.
While the court expressed its desire to continue hearing the case, the timeline for completing the arguments and reaching a decision proved too short. With the court set to close for Diwali vacations next week, the hearing has been adjourned. The matter will now be heard afresh by a different bench. The postponement, however, has sparked concerns among advocates for the petitioners, who believe the case holds significant weight in addressing the issue of sexual violence against women within marriage.