Final arguments on petitions seeking to declare sexual violence within marriage a criminal offense will commence before the top court after three weeks. The apex court has confirmed that the matter is being scheduled for a conclusive hearing. Meanwhile, the Union government reiterated its stance before the bench, arguing that deciding whether marital rape should be categorized as an offense falls squarely within the jurisdiction of Parliament and the executive, rather than the judiciary.
Centre Insists Parliament Holds Legislative Authority
Representing the Central government before a three-judge bench, Solicitor General Tushar Mehta submitted that criminalizing sexual acts within a marriage is a legislative task reserved for Parliament. He argued that the court should not craft new statutory offenses. The bench, presided over by Chief Justice Surya Kant alongside Justice Joymalya Bagchi and Justice V. Mohana, directed that the matter be listed for final hearing on Wednesday and Thursday following the three-week window.
Challenge to Exception 2 under Bharatiya Nyaya Sanhita
The core legal challenge targets Exception 2 of Section 63 under the Bharatiya Nyaya Sanhita (BNS), which retains the marital immunity provision previously contained in Section 375 of the Indian Penal Code (IPC). Under this clause, sexual intercourse or acts committed by a man with his wife do not constitute rape, provided the wife is at least 18 years of age. Petitioners contend that this immunity violates women's constitutional rights, dignity, and bodily autonomy.
Observations from the Bench and Arguments by Petitioners
During the proceedings, Justice Joymalya Bagchi raised key points regarding women's safety and bodily integrity. He remarked that entering into marriage cannot imply the surrender of a woman's personal liberty. Emphasizing that a woman forced into non-consensual sexual relations within marriage is unequivocally a victim, he noted that the court will extend protection to victims, leaving the central query as whether the state categorizes such acts as rape. Appearing for one of the petitioners, Senior Advocate Karuna Nundy argued that a husband cannot cite marital status to claim legal immunity after inflicting severe physical injury or engaging in non-consensual sexual acts with his wife.
From Delhi High Court Split Verdict to the Supreme Court
This legal debate reached the Supreme Court after the Delhi High Court delivered a split verdict on the issue in 2022, with the two-judge bench expressing opposing views on criminalization. In its earlier affidavit filed before the court, the Centre expressed opposition to creating a separate criminal charge for marital rape. The government argued that criminalizing such acts could severely disrupt the stability and institution of marriage, maintaining that marital disputes should be handled under existing legal remedies rather than being equated with general rape offenses.
