Supreme Court delays marital rape hearing as Chief Justice nears retirement
Supreme Court delays hearing on marital rape case as Chief Justice's retirement nears. This decision is watched closely for its potential impact on Indian law.
- Oct 23, 2024,
- Updated Oct 23, 2024, 1:36 PM IST
A hearing challenging marital rape immunity in India has been postponed by four weeks, as outgoing Chief Justice D Y Chandrachud acknowledged time constraints before his retirement on November 10.
The landmark case questions legal provisions that protect husbands from rape charges when forcing non-minor wives into sexual acts. Both the existing Indian Penal Code and its replacement, the Bharatiya Nyaya Sanhita, maintain this immunity.
Chief Justice Chandrachud stated that the complexity of submissions requires adequate time for all lawyers involved. The bench, which includes Justices J B Pardiwala and Manoj Misra, decided to transfer the case to another panel.
The government's position remains cautious, citing concerns about the potential misuse of amended laws in evolving social structures. Officials argue that proving consent within marriage could pose significant challenges.
The case has drawn nationwide attention as it confronts long-standing legal provisions. Section 375's exception clause, mirrored in Section 63 of the new code, explicitly states that sexual acts by a man with his wife aged 18 or above do not constitute rape.
The hearing, which began October 17, will resume after the court's Diwali vacation under a different bench. (With inputs from PTI)