Supreme Court defers marital rape hearing by 4 weeks, new bench to hear case

The Supreme Court has deferred hearing by four weeks on pleas challenging the immunity granted to husbands in cases of marital rape, saying that the arguments will not get over during the tenure of current CJI DY Chandrachud, who is retiring next month.

In Short

• Chief Justice DY Chandrachud to retire on November 8
• Bench notes hearings can't be completed in current CJI's tenure
• Petitions challenge exception protecting husbands from rape charges

The Supreme Court on Wednesday adjourned the hearing on a batch of petitions seeking the criminalisation of marital rape for four weeks, highlighting that the arguments were not expected to get completed during the tenure of the current Chief Justice of India, DY Chandrachud.

Chief Justice Chandrachud is demitting on November 10, which is a Sunday, so his last working day would be November 8 in the top court. He is amongst the few CJIs who have a longer tenure at the Supreme Court.

During a brief hearing, a three-judge bench comprising Chief Justice Chandrachud, Justice JB Pardiwala and Justice Manoj Misra noted that if the arguments cannot be completed this week, then it would be difficult to decide the matter before his retirement.

The Supreme Court will go on Diwali holiday next week.

"In view of the time estimate, we are of the view that it would not be possible to complete the hearings in the foreseeable future," the bench recorded in the brief order. The matters will now be posted before another bench for a fresh hearing.

The top court had already heard the matter concerning marital rape for one day. At the beginning of the hearing today, the bench questioned concerned advocates as to how much time they would take to complete their submissions.

Senior Advocate Gopal Sankaranarayanan, who appeared for another petitioner, said that he would take at least a day to complete his submissions.

Solicitor General of India Tushar Mehta, Senior Advocate Rakesh Dwivedi and Senior Advocate Indira Jaising also submitted that they would also require one day each to complete their submissions.

After noting all the timelines, the bench adjourned the hearing for four weeks.

Senior advocate Karuna Nandy, who was appearing for one of the petitioners in the case and had already completed her arguments said, "This is about the millions of women in the country, there is great urgency. Your legacy in all of these very important judgments, this is what it will bring it home to the millions of women."

The batch of petitions are challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code (IPC) which decriminalises rape by a husband on his wife. 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.

Various petitions were filed in the Supreme Court challenging the constitutional validity of the exception to marital rape issue.

One petition is against the Karnataka High Court judgement, which declined to quash the charge of rape against a man accused of raping and keeping his wife as a sex slave.