With Chief Justice DY Chandrachud retiring on November 10, the Supreme Court on Wednesday adjourned the hearing on a batch of petitions challenging the validity of Exception 2 of Section 375 of the Indian Penal Code and the Bharatiya Nyaya Sanhita, which protects a husband from criminal prosecution for having non-consensual sex with his wife.
The ongoing hearing on petitions seeking to criminalise marital rape was adjourned after Chief Justice DY Chandrachud, heading a bench also comprising Justice JB Pardiwala and Justice Manoj Misra, noted that the hearing could not be completed due to the time required by senior advocates appearing for different parties for advancing their arguments.
“Mr Gopal Sankaranarayanan says he will need one day for his submissions, followed by Senior Advocate Indira Jaising and other counsel, each requiring a day as well. Hence, it will not be possible to complete the hearing in the foreseeable future,” Chief Justice Chandrachud noted, considering the time each senior advocate would require.
“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,” CJI Chandrachud said.
Having adjourned the hearing, the CJI Chandrachud said that the matter will now be listed after four weeks.
Referring to the material placed on the record, senior advocate Gopal Sankaranarayanan told the bench that he would require one day to make his arguments in the case.
Solicitor General Tushar Mehta, representing the central government, also sought a day’s time to advance his arguments.
“The ramifications are very long and it is not our case that one can have sexual intercourse without consent… but it is a polycentric problem. Your lordships will have to examine several aspects,” the Solicitor General said, apparently pointing to the paucity of time available to the bench headed by Chief Justice Chandrachud who is set to demit office next month.
In an affidavit, the central government said that striking down Exception 2 of Section 375 of the IPC on the grounds of its constitutional validity will have a far-reaching effect on the institution of marriage and needs a comprehensive approach rather than a strictly legal one. The Centre has stressed that it should not be interfered with unless a separate suitably tailored penal remedy is provided by the legislature.
Exception 2 of 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.