SC asks Centre to file reply on marital rape

The Supreme Court on Monday asked the Centre to file a reply to the petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, relating to the marital rape issue. Exception 2 to Section 375 of the Indian Penal Code, which defines rape, states that sexual intercourse by a […]

Supreme Court
by Ashish Sinha - January 17, 2023, 7:01 am

The Supreme Court on Monday asked the Centre to file a reply to the petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, relating to the marital rape issue. Exception 2 to Section 375 of the Indian Penal Code, which defines rape, states that sexual intercourse by a man with his wife is not rape unless the wife is below 15 years of age. A bench headed by Chief Justice of India D.Y. Chandrachud asked Centre to file reply on the various petitions challenging the constitutional validity of the exception to marital rape issue. Meanwhile, Solicitor General Tushar Mehta informed the court that the issues pertaining to marital rape exception would have social ramifications and few months ago they had asked states to share their inputs in the matter. SG Mehta said apart from legal the issue has social ramifications too. The court listed the matter in March for further hearing. Meanwhile, the court said that Pooja Dhar and Jaikriti Jadeja, who were appointed as nodal counsel, shall prepare a common compilation of indexes and presents on which reliance shall be placed and asked all counsels to collaborate with the two nodal counsel. The court is dealing with various pleas relating to marital rape issues. One petition is against the Karnataka HC judgement, which declined to quash the charge of rape against a man accused of raping and keeping his wife as a sex slave.