India’s Supreme Court seeks Centre’s view on criminalising marital rape  

The Indian Supreme Court on Tuesday asked the central government to respond by February 15 to a batch of petitions seeking to criminalise marital rape, which is not recognised under the existing law.

The pleas filed as a Public Interest Litigation (PIL) seek to challenge the IPC provision and the constitutional validity of marital rape under section 375 IPC (rape) on the grounds that it discriminates against married women who are sexually assaulted by their husbands.

Under Indian Penal Code (IPC) Section 375, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not considered rape.

Solicitor General Tushar Mehta, who is representing the government in the court, told the bench headed by Chief Justice D Y Chandrachud that the issue has legal as well as "social implications" and the government would like to file its response to the petitions.

"The Union of India shall file a counter affidavit by February 15, 2023. The batch of petitions will be heard on March 21," ordered the bench.

A couple of Indian high courts recently gave out a verdict regarding the issue. While the Delhi High Court on May 11, 2022 delivered a split verdict, Karnataka High Court on March 23 gave its approval for the prosecution of the man for allegedly raping his wife.

The solicitor general suggested that the cases against the spilt verdict of the Delhi High Court can be allowed to be heard by a third judge of the high court and then the Supreme court can have a "final view".

"Second option is that the Supreme Court hears the cases. With the first option, this court will have the benefit of the view of Delhi High Court," the law officer said. The bench did not seem to concur, reports PTI news agency.

(With inputs from agencies)

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