Headline
The Supreme Court of India starts hearing petitions seeking to criminalise Marital Rape.
Summary
The Supreme Court of India has started hearing petitions under Indian Law seeking the removal of the marital rape exception. Petitioners, represented by Senior Advocate Karuna Nundy, kept is point that rape is already a crime, and the law should not exclude husbands from being prosecuted for it. The Supreme Court put up questions about how this could influence the institution of marriage.
Key Facts
- Case Name: Hrishikesh Sahoo vs. Union of India and Anr.
- Judges Name: Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra
- Date: October 17, 2024
- Marital rape is excluded from the extent of rape under Exception 2 to Section 375 of the Indian Penal Code (IPC) and under Section 63 of the Bharatiya Nyaya Sanhita (BNS), enacted in July 2023.
- In 2022,The Delhi High Court gave a split decision on the issue , leading to the involvement of the Supreme Court.
Legal Insights
- The Supreme Court of India asked whether striking down the exception of marital rape would create a new offence or destabilize marriage.
- Karuna Nundy argued that the offence of rape already exists,which includes separated husbands, and that denying it within marriage would contradict the right to bodily autonomy.
Impact
The verdict of the Supreme Court could reshape marital dynamics and redefine legal protections for women within marriages, making new benchmarks for personal autonomy.
Why It Matters
The case showcases the serious issues of consent, autonomy, and gender equality, challenging the intersection of legal, social, and cultural norms in marital relationships.
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