Is marital rape crime? Supreme Court to take up pleas on May 9

New Delhi, March 22

The Supreme Court will commence on May 9 hearing on petitions seeking to criminalise marital rape, which is treated as an exception to rape under the existing law.

“List this on May 9,” a Bench led by Chief Justice of India DY Chandrachud said on Wednesday after senior advocate Indira Jaising mentioned the matter before seeking its listing for hearing. She said a common compilation of documents in the case was ready. Solicitor General Tushar Mehta told the Bench that the Centre’s reply was ready and would be filed after vetting.

The SC had on January 16 asked the Centre to spell out its stand on petitions seeking to criminalise marital rape. It had also asked all parties to file their written submissions by March 3.

It had appointed two advocates as nodal counsel to prepare a common compilation of all petitions, affidavits, counter-affidavits and written submissions for the convenience of judges and lawyers.

There are three sets of petitions. The first one is by a Karnataka man who is being tried for marital rape. The top court had on July 20, 2022, stayed the verdict of the Karnataka High Court that put the man on trial for allegedly raping his wife ignoring Exception 2 to Section 375 of the IPC that treated such cases as an exception to rape.

The second set of petitions arose out of appeals filed against a split verdict delivered by the Delhi HC on May 11, 2022, on petitions seeking to criminalise marital rape.

The third set of petitions included PILs challenging the constitutional validity of Exception 2 to Section 375 of the IPC that treated such cases as an exception to the main provision on rape.

Section 375 of the IPC defines rape as sexual intercourse without consent of a woman. But Exception 2 to Section 375 says sexual intercourse by a man with his wife, who is 15 or above, is not rape even if it is without her consent and will.

In October 2017, the SC ruled that sex with one’s minor wife would amount to rape as it read down the exception to Section 375.

Had sought reply

• The SC had on January 16 asked the Centre to spell out its stand on petitions seeking to criminalise marital rape
• It had also asked all parties concerned to file their written submissions by March 3