Plea To Criminalise Marital Rape | Supreme Court Asks Union Govt To File Counter By Feb 15; Hearing In March

The Supreme Court on Monday listed the batch of petitions concerning the constitutional validity of the marital rape exception on 21st March 2023. The batch was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala.

The batch of petitions includes four kinds of matters– first is the appeal against the Delhi High Court split verdict on the marital rape exception; second are PILs filed against the marital rape exception; third is the plea challenging the Karnataka High Court judgment which sustained the charges framed against a husband under Section 376 IPC for forcible sex with wife; and the fourth are intervening applications.

In today's hearings, Senior Advocate Siddharth Dave, appearing for the husband in the appeal against the Karnataka High Court judgment submitted–

"My matter is different. My learned friends are in PILs. I'm for a person who is directly affected. This is a live case."

The Solicitor General of India, Tushar Mehta while submitting a suggestion stated–

"In view of the split verdict- the first option is that your lordships can ask the third judge of the High Court to decide the matter and then your lordships can have final view. Second option is to hear the case. With the first option, this Court will have the benefit of the view of High Court."

However, CJI DY Chandrachud disagreed, saying that both the views of the High Court are already before the Supreme Court. The CJI asked if the Union wished to file counter affidavits in the matter.

SG Mehta answered in an affirmative and stated that since the matter would have social ramifications, the Union had to file a counter. He added–

"The central government has asked the States for their views. Apart from legal ramifications, it also has social ramifications."

CJI DY Chandrachud, while dictating the order said–

"Union of India shall file counter affidavits by 15th Feb 2023. The batch will be heard on 21st March 2023. Ms. Pooja Dhar and Ms Jaikriti Jadeja have been appointed as nodal counsels. They shall prepare a common compilation. Written submissions shall be filed by 3rd March 2023."

Sr Adv Indira Jaising, who was appearing for the wife in the plea challenging the Karnataka High Court judgment sought an application for suppression of identity. She said–

"In the compilation, I will not share my pleadings. I will only share the legal points. There is an application for suppression of identity."

The request was granted and CJI DY Chandrachud added–

"The identity of the applicant shall be redacted."

Case Title: Hrishikesh Sahoo v. State of Karnataka And Ors. SLP(Crl) No. 4063-4064/2022 & Connected Matters 

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