{
  "type": "article",
  "title": "Supreme Court to Begin Final Hearing on Criminalizing Marital Rape After Three Weeks, Centre Calls It Parliament's Domain",
  "summary": "The Supreme Court will commence final hearings in three weeks on petitions seeking to declare marital rape a criminal offense, even as the Central government insists the issue lies solely within legislative jurisdiction.",
  "content": "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.\n\nCentre Insists Parliament Holds Legislative Authority\nRepresenting 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.\n\nChallenge to Exception 2 under Bharatiya Nyaya Sanhita\nThe 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.\n\nObservations from the Bench and Arguments by Petitioners\nDuring 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.\n\nFrom Delhi High Court Split Verdict to the Supreme Court\nThis 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.\n\nWhat this means for you\nThis landmark legal proceeding holds significant implications for personal liberties, women's safety, and matrimonial law across India.\n\n• Across India: The Supreme Court's eventual ruling will clarify whether non-consensual sexual acts within a marriage can be prosecuted as rape, directly shaping the legal protections available to millions of married women.\n• Impact on Spousal Rights: A final decision will re-examine long-standing statutory immunities, establishing how bodily integrity and individual consent are evaluated within marital relationships under Indian criminal law.\n• Constitutional & Legislative Boundaries: The court's ruling will address the boundary between judicial interpretation and legislative power regarding the creation of new criminal offenses.\n• Influence on Pending Litigation: The verdict will set a binding precedent for various matrimonial disputes and constitutional challenges currently pending in lower courts nationwide.\n\nWhy this happened\nThis case reached the Supreme Court primarily due to a split verdict by the Delhi High Court in 2022 and ongoing constitutional challenges against the marital rape exception in Indian criminal law.\n\n• Split Verdict in High Court: In 2022, a two-judge bench of the Delhi High Court delivered a divided judgment on whether marital rape should be criminalized, referring the matter to the Supreme Court.\n• Challenge to Statutory Immunity: Petitioners challenged Exception 2 of Section 63 of the BNS (and former IPC Section 375), which protects husbands from rape charges when engaging in non-consensual sex with an adult wife.\n• Government Stance on Jurisdiction: The Central government maintains that amending criminal laws to define marital rape as a distinct offense falls exclusively under the legislative prerogative of Parliament.\n\nQuestions & Answers\n\n1. When will the Supreme Court begin the final hearing on marital rape?\nThe Supreme Court will commence the final hearing on the matter on Wednesday and Thursday after three weeks.\n\n2. What is the Central government's position in court?\nThe Centre argues that criminalizing marital rape falls strictly within the jurisdiction of Parliament and the executive, not the Supreme Court.\n\n3. Which provision of the Bharatiya Nyaya Sanhita (BNS) is under challenge?\nException 2 of Section 63 of the BNS is under challenge, which exempts non-consensual sexual acts by a husband with an adult wife from being classified as rape.\n\n4. Who are the judges on the Supreme Court bench hearing this case?\nThe bench comprises Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana.\n\n5. How did the matter reach the Supreme Court?\nThe issue reached the Supreme Court after the Delhi High Court delivered a split verdict on criminalizing marital rape in 2022.",
  "url": "https://trendkia.com/en/national/vaivahika-balatkara-para-3-haphte-bada-antima-sunavai-karega-supreme-court-snsada-ke-adhikara-kshetra-ki-kendra-ne-di-dalila-30361",
  "category": "India",
  "publishedAt": "2026-09-09",
  "tags": [
    "Supreme Court",
    "Marital Rape",
    "Union Government",
    "Bharatiya Nyaya Sanhita",
    "Tushar Mehta",
    "Karuna Nundy",
    "Delhi High Court"
  ],
  "language": "en",
  "site": "TrendKia"
}