Constitutional Challenge to Marital Rape Exception Awaits Government Response
What Happened
The Supreme Court said it will await the Centre’s substantive response before fixing a hearing date on a batch of petitions seeking the criminalisation of marital rape. The petitions challenge the constitutional validity of legal provisions that exempt a husband from rape prosecution for non-consensual sexual acts with his adult wife.
Key Takeaways
The case concerns the marital rape exception that existed under Section 375 of the Indian Penal Code and continues under Section 63 of the Bharatiya Nyaya Sanhita (BNS). The court indicated it would decide the hearing schedule after reviewing the Centre’s stand and ensuring pleadings are complete.