Pleas Challenging Marital Rape Exception : Live Updates From Supreme Court
The Supreme Court is hearing today a batch of petitions seeking the criminalisation of marital rape.
The petitioners challenge the constitutional validity of the exception of Section 375 of the Indian Penal Code which hold that sexual intercourse between a husband and wife will not come within the ambit of the offence of rape. The same provision is found in Section 63 of the Bharatiya Nyaya Sanhita, which is the replacement of S.375 IPC. Some petitions challenge the BNS provision too.
A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra is hearing the matter.
The Union in its recent affidavit opposed the Court criminalising marital rape. The Union stated that alternative remedies in law already exist to protect married women against sexual violence and attracting the offence of "rape" to the institution of marriage may be "excessively harsh" and disproportionate.
Follow this thread for live-updates.
hearing concludes for the day
Jaisingh: I will take that as a compliment !
CJI: Mr SG is complementing your fierce independence!
On a lighter note,
SG: Iam always scared of standing next to Ms Jaisingh
Jaisingh: but in West Bengal issue on Iam on your side
SG: Iam scared of you even if you on my side or the other side
Counsels laugh
Jaisingh: the court have held that you can live separately under the same roof , there is no intention to co-habit, this section (S.67) can kick in
Jaisingh: the intention to have conjugal relations has ended
CJI: living separately means no intention to co-habit together ....it will not refer to a situation where the husband is employed in a different city and wife in different city
CJI; within the folds of marriage under 67 , there can be rape
Gonsalves: yes mylords, its an absolute NO
J Pardiwala : what you mean separation? if the marriage continues despite the decree ?
J Pardiwala : if she is tired of this and goes to someone else home or parental home, how do you interpret 'whether under the decree of separation or otherwise'
Gonsalves (addressing the agrument before the HC that men have a right to have sex with their wives ) : is a women says NO the answer is NO
Gonsalves : referring to contentions before the HC - that apprehensions that it will lead to floodgates of litigation by wives against husbands ....