Supreme Court to Decide on Marital Rape Exception in Indian Law

The Supreme Court of India will rule on the constitutionality of IPC and BNS provisions that grant immunity from prosecution to husbands accused of marital rape. The legal challenge questions these laws under Articles 14, 19, and 21 of the Indian Constitution. The hearing continues.

The Supreme Court of India has taken up the significant question of whether husbands can be granted immunity from prosecution for marital rape under current Indian law. This comes as the court examines provisions in the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) that do not classify forced intercourse with a wife, who is not a minor, as rape.

A bench led by Chief Justice D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, is hearing arguments regarding the constitutional validity of these provisions. The petitioners, represented by senior advocate Karuna Nundy, argue that the exception violates Articles 14, 19, and 21, which address equality, freedom, and personal liberty.

The hearing is a response to a split verdict from the Delhi High Court on this issue, raising substantial questions of law. The ongoing deliberations involve the potential impact on marital relationships and the difficulties in establishing consent within marriage, amidst claims that the clause should be revised or struck down.

(With inputs from agencies.)