Same Sex Marriage- Supreme Court Constitution Bench Hearing- DAY-3 LIVE UPDATES

Justice Kohli: Karnataka HC judgment stated it (marital rape) is a crime.

Singhvi: Your lordships is still debating, it's not the law of the land.

Singhvi: There's one flipside to this. Marital rape is not recognised in this country. As of today, rape is not a recognised crime in marriage. It may be a ground for divorce or cruelty. 

Justice Kaul: Should we stop short? I'm just thinking. If we say that under this act, marriage can be registered. Thereafter, there may be many many nuances which will arise. Can we take care of all future eventualities?

Singhvi: If your lordships were to apply the definition of non consensual penetrative sex then it would apply.

Justice Kaul: In a heterosexual relationship, say there can be a possibility of bringing rape into it. Then how can homosexual relationships not have that?

Singhvi: Alternatively, your lordships could say that it is a criminal offence which has been defined in a heterosexual context.

Singhvi: There are two ways. If your lordships hold this class to be covered, then your lordships would have S 27 applying to penetrative assaults even in same sex.

Justice Bhat: We're testing it. If this happens, then it will apply to one class of same sex and not other.

Justice Bhat: We're talking about outside marriage when you indulge in that.

Singhvi: Your lordships will have to hold this category of unions as marriage first. Then the question will arise.

Justice Bhat: In this case it would apply to one kind of same sex partner- this marriage offence.

Singhvi: It is possible. It is a crime. According to me, it will be covered in a penetrative same sex situation also.