Supreme Court: The Supreme Court on Monday sought response from the Central Government on petitions seeking to criminalize marital rape and challenging the provision of the IPC, which allows a husband to have sex with an adult wife. Provides protection from prosecution in case of forcible sexual intercourse.

Government will file its reply on these petitions

Solicitor General Tushar Mehta, appearing for the Centre, told a bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala that the issue has legal and social implications and the government will file its reply on these petitions. The bench said, Government of India 14 February, 2023 to file counter affidavit. , Hearing on these petitions in the Supreme Court 15 will be on March. The apex court appointed advocates Pooja Dhar and Jayakriti Jadeja as nodal advocates and said that the parties will have to submit written representations by March 3, so that the petitions can be heard without any hassle. One of these petitions has been filed in relation to the Delhi High Court’s fragmented order on this issue. This appeal has been filed by petitioner Khushbu Saifi in the Delhi High Court. Court last year 10 had given a split verdict on this issue on May. However, both the judges comprising the bench (Justice Rajiv Shakdhar and Justice C Hari Shankar) had given permission to appeal in the apex court in the matter. Because, it involves important questions of law which need to be considered by the Supreme Court.

The petition was filed against the judgment of the Karnataka High Court

At the same time, another petition was filed by a person against the decision of the Karnataka High Court. Due to this decision, the way was cleared for him to be prosecuted for allegedly raping his wife. In fact, the Karnataka High Court last year 24 In the order passed on March, it was said that the exemption of the husband from the charge of rape and unnatural sex with his wife is a violation of Article of the Constitution. is against.

Some other petitions also filed in this matter in SC

Some other petitions have also been filed in the Supreme Court in this matter. Certain petitioners have filed matrimonial offenses under section IPC. The constitutionality of the rape exemption has been challenged on the ground that it discriminates against married women who are sexually abused by their husbands. At the commencement of the hearing on the petition challenging the Karnataka High Court’s decision, the petitioner’s lawyer Siddharth Dave said that this case is different, as all others are public interest litigations. He said that my case is different. My able friends are here for public interest litigations. I am for the person who is directly affected. The Solicitor General suggested that the matters against the Delhi High Court’s split judgment may be allowed to be heard by a third judge of the High Court and then the apex court may take a final look.

Supreme CourtIndia NewsMarriage ActPublished Date

Mon, Jan 16, 2023, 10: 25 PM IST