Whether any rule should be made regarding rape in marital relations or not. No opinion has been expressed by the central government on this. Despite this, the Supreme Court has decided to proceed further in this matter. The court says that it will consider whether the husband should be exempted from the legal process in the case of marital rape charges or not. The court said that we will proceed further in this matter keeping in mind the legal issue completely. Even if the government does not take any stand in this matter. Chief Justice DY Chandrachud’s bench said, ‘This is a matter of law. Even if they have not given an affidavit, they will have to talk about the legal aspect.’
This comment of the court came after the demand raised by senior advocate Indira Jaisingh that it should be heard soon. At the same time, another lawyer said that the central government has not yet filed an affidavit. The bench of Chief Justice Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said that this is a legal question. We will hear this issue and consider whether there should be a law on marital rape or not. The matter was to be heard on Wednesday itself, but it was postponed due to pending other cases.
The Supreme Court is currently hearing petitions challenging a provision of Section 375 of the IPC. The question raised in these petitions is that under Section 375, the husband is exempted from rape charges in marital relations, which is wrong. It has been said in these petitions that rape cannot be differentiated. The petitioners say that women also have to suffer rape by their husbands. In this case, a decision of the Delhi High Court also came in May 2022, in which the bench was not unanimous.
