The Supreme Court said on Mondaythat it would hear next week a batch of petitions seeking to criminalise the marital rape under the new penal code, including one arising from the split verdict by a division bench of Delhi High Court on May 11, 2023. The petitions challenged the validity of Exception 2 of Section 375 of Indian Penal Code that protects a husband from criminal action for having non-consensual sex with his wife.

Chief Justice D.Y. Chandrachud heading a bench also comprising Justice J.B. Pardiwala and Justice Manij Misra assured that the matter would be taken up next week as senior advocate Karuna Nandy in a mentioning told the bench, “This is an important matter and should be heard.”

The CJI Chandrachud said as the bench would be busy this week in dealing with a batch of matters on taxation law so next week the marital rape matter would be taken up for hearing.

In the hearing held on March 22, 2023, senior advocate Indira Jaisinh and Karuna Nandy had told the court that the issues which need to be adjudicated have been agreed between the parties, and a common compilation is ready.

The Supreme court on January 16 , 2023,had asked the Centre to respond to the petitions challenging the constitutional validity of the Exception 2 to Section 375 of Indian Penal Code on the touchstone of Articles 14, 19(1)(a) and 21 of the Constitution.

The Solicitor General Mehta, on January 16 , 2023, had told the court that the issue has legal as well as “social implications” and the government would like to file its response to the petitions.

“The Union of India shall file a counter affidavit by February 15, 2023. The batch of petitions will be heard on March 21,” the court had ordered.

One of the pleas has been filed by Khushboo Saifi, who was one of the petitioners before the Delhi High Court.

Another plea has been filed by a man against the Karnataka High Court verdict which paved way for his prosecution for allegedly raping his wife.

The Karnataka High Court had on March 23, 2022, had said exempting a husband from the allegation of rape and unnatural sex with his wife runs against Article 14 (equality before law) of the Constitution.

The others are PILs including one by AIDWA filed against the IPC provision and have challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on the ground that it discriminates against married women who are sexually assaulted by their husbands.

Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not a rape.