Supreme Court to Hear Pleas on Marital Rape Immunity for Husbands

The Supreme Court will soon hear pleas questioning whether husbands should be immune from rape prosecution if they force non-minor wives to have sex. Senior advocate Indira Jaising urged for urgent hearings. The court remains committed to resolving the issue, which has substantial legal and social implications. The Centre will file responses.

The Supreme Court on Wednesday announced its consideration to list for hearing the pressing legal issue of whether a husband who forces his non-minor wife to engage in sex should be immune from prosecution for rape.

A bench, headed by Chief Justice D Y Chandrachud and including Justices J B Pardiwala and Manoj Misra, responded to senior advocate Indira Jaising's urgent request on behalf of a litigant to hear the pleas as soon as possible.

In a previous session on July 16, the top court had agreed to list the pleas for hearing, indicating a possible hearing on July 18. The legal debate specifically targets the exception clause of Section 375 of the Indian Penal Code, now replaced by the Bharatiya Nyaya Sanhita, which exempts marital rape in cases involving non-minor wives.

(With inputs from agencies.)