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.
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