SC asks Centre to respond by Feb 15 on pleas on marital rape

The Supreme Court on Monday told the Union government to file its response by February 15, to a batch of petitions, questioning the exception to husband from prosecution on rape charges levelled by the wife.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala gave a timeline to Solicitor General Tushar Mehta, who said the Centre has sought views of States, since apart from legal, the issue would have social repurcussions.

Mehta also suggested the court may let the three judge of the Delhi High Court to take a final view of the matter in view of the split verdict.

The top court, however, decided to take up the matter itself instead of allowing different high courts to take a decision, saying two High Courts, including of Karnataka, had already passed their judgement.

The bench fixed the matter for hearing in March.

The bench also directed all parties to file their written submissions by March 3 after appointing two nodal counsel for preparing a convenience note.

Advocate Vivek Narayan Sharma to present his views on behalf of men's rights body. Another counsel asked the court to refer the matter to the Constitution bench, in view of important question of law involved here.

Senior advocate Indira Jaising, appearing for a victim wife from Karnataka, sought separation of identity of complainant wife from Karnataka, prompting the court to issue order for redacting her name from records.

Notably, in November, 2022, the Karnataka government has supported before the top court the March 23, 2022 judgement of the High Court which had declined to quash the charges of rape framed under Section 376 of the Indian Penal Code (IPC) against a man accused of raping his wife, despite the exception to the husband.

The Karnataka High Court had then said a brutal act of sexual assault against a woman, albeit by her husband, cannot but be termed as rape.

It had also said the Exception granted to husband under Section 375 of the IPC cannot be absolute.

Earlier, the Delhi High Court had on May 11, 2022 given a split verdict with regard to exception for husbands for sexual assault under the penal law.

The Union government, which had maintained the matter is essentially a legislative function, had not filed a written reply before the Delhi High Court, saying it had sought views of the States and Union Territories and was yet to receive their responses.

The petitioners, including All India Democratic Women Association, said that marital rape exception is in violation of Articles 14, 19(1)(a) and 21 of the Constitution.