Spell out stand on criminalising marital rape: SC to govt

New Delhi, May 19

As the newly enacted Bharatiya Nyaya Sanhita (BNS) – which will replace the colonial era Indian Penal Code (IPC) on July 1 – fails to criminalise marital rape, a PIL in the Supreme Court has challenged the validity of the provision that treats marital rape as an exception to rape.

Acting on a petition filed by the All-India Democratic Women’s Association (AIDWA) seeking to criminalise marital rape, a Bench led by CJI DY Chandrachud has asked the Centre to spell out its stand on the contentious issue.

AIDWA contended that the marital rape exception went against Article 19(1)(a) (right to freedom of speech and expression) and Article 21 (right to life and liberty) of the Constitution as it took away a married woman’s rights to bodily integrity, decisional autonomy and dignity.