Set to retire, CJI DY Chandrachud puts off marital rape case hearing

The Supreme Court has deferred hearing petitions seeking to criminalise marital rape by four weeks, with a new Bench set to take up the matter after Chief Justice of India (CJI) DY Chandrachud retires on November 10. The decision was made after Solicitor General Tushar Mehta and other senior advocates expressed the need for more time to present their arguments.

CJI Chandrachud, leading the three-judge Bench that commenced hearing on October 17, said it would be difficult to conclude the case before his retirement given the time required for arguments. The matter will now be listed before another Bench after four weeks.

The case involves the constitutional validity of provisions in the Indian Penal Code and Bharatiya Nyaya Sanhita that grant immunity from prosecution to men accused of raping their wives, except in cases involving minors. Petitioners argue that the marital rape exception violates the rights to bodily integrity, autonomy and dignity under Articles 19(1)(a) and 21 of the Constitution.