38.6c New Delhi, India, Thursday, October 09, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

SC defers hearing on plea to criminalise martial rape as CJI retires soon, cites time constraints

By Jhanak Sharma      23 October, 2024 03:20 PM      0 Comments
SC defers hearing on plea to criminalise martial rape as CJI retires soon cites time constraints

NEW DELHI: The Supreme Court on Wednesday deferred its hearing on a plea to criminalise marital rape as CJI D Y Chandrachud expressed inability to conclude the hearing before his date of retirement on November 10.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, which heard the matter on October 17, adjourned the proceedings in the contentious matter, in view of time estimates given by the various counsel seeking one day's time by each of them.

CJI Chandrachud Unable to Conclude Marital Rape Hearing Before Retirement

The matter is likely to be posted for consideration afresh before another bench.

On Wednesday, a host of counsel appearing for various parties including the Centre and State sought one day's time for each of them to put forth their arguments on the matter.

"It would not be possible to complete the hearings in the foreseeable future," the bench said.

Senior advocates Gopal Sankaranarayanan and Karuna Nundy, appearing for the petitioners said they had a deep regret as they wanted to continue arguing before the bench led by the Chief Justice of India.

Nundy said it was very much possible to conclude the hearing if everyone stuck to the time schedule.

The bench, however, said it can't stop other counsel from raising their arguments.

Solicitor General Highlights Need for Polycentric Consideration in Marital Rape Case

Solicitor General Tushar Mehta reiterated the Centre's stand brought in an affidavit that marriage does not obliterate the concept of sexual consent. However, criminalising marital rape would require the court to assess the situation from different perspectives. He said the matter would require polycentric consideration in view of huge ramifications.

Nundy insisted the bench to continue hearing the matter, while telling the CJI, "Your legacy would warrant that this case to be heard for millions of women".

Mehta, however, the legacy of the CJI would still be remembered and this statement was not required to be made.

The controversial issue of marital rape has been mentioned a number of times for hearing before the CJI led bench which court observers found owing to a liberal outlook and aporoach by the incumbent CJI.

On October 17, the bench had said it would decide the constitutional validity of penal provisions in the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) which grant immunity from prosecution to a husband for the offence of rape if he forces his wife, who is not a minor, to have sex with him.

The central government, in its affidavit filed on October 3, had opposed the batch of pleas against the criminalisation of marital rape, on the ground that there are already "suitably designed punitive measures" in place to deal with the sensitive issue.

It had feared a far-reaching effect on the institution of marriage if Exception 2 of Section 375 of IPC were struck down on the grounds of its constitutional validity.



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

pmla-appellate-tribunal-orders-immediate-release-of-seized-bmw-x7-in-hemant-soren-land-scam-case
Trending Crime, Police And Law
PMLA appellate tribunal orders immediate release of seized BMW X7 in Hemant Soren land scam case [Read Order]

PMLA tribunal orders ED to release seized BMW X7 in Hemant Soren land scam case, citing lack of proof linking the luxury car to money laundering.

08 October, 2025 08:06 PM
offence-under-category-of-upholding-family-prestige-sc-orders-release-of-man-on-remission
Trending Judiciary
'Offence under category of upholding family prestige,' SC orders release of man on remission [Read Judgment]

SC orders immediate release of life convict who served 22 years for a murder committed to uphold family honour, citing Maharashtra remission guidelines.

08 October, 2025 08:19 PM

TOP STORIES

allahabad-hc-refuses-interim-protection-to-sambhal-mosque-asks-petitioners-to-approach-appellate-court
Trending Judiciary
Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Allahabad High Court refused interim protection to Sambhal mosque, directing petitioners to seek remedy before the appellate court under UP Revenue Code.

06 October, 2025 04:48 PM
calling-off-marriage-after-courtship-not-a-crime-or-breach-of-promise-delhi-hc
Trending Judiciary
Calling Off Marriage After Courtship Not A Crime Or Breach Of Promise: Delhi HC [Read Order]

Delhi High Court grants bail, ruling that ending marriage plans after courtship is not a breach of promise or offence under false promise to marry.

06 October, 2025 05:03 PM
celebrating-bail-on-social-media-not-ground-for-cancellation-without-specific-threat-to-complainant-delhi-hc
Trending Judiciary
Celebrating Bail On Social Media Not Ground For Cancellation Without Specific Threat To Complainant: Delhi HC [Read Order]

Delhi HC rules that celebrating bail on social media isn’t grounds for cancellation unless a specific threat or intimidation is proven.

06 October, 2025 05:25 PM
woman-cannot-claim-maintenance-after-securing-rape-conviction-against-live-in-partner-jammu-and-kashmir-hc
Trending Judiciary
Woman Cannot Claim Maintenance After Securing Rape Conviction Against Live-In Partner: Jammu & Kashmir HC [Read Order]

J&K High Court held that a woman who secured a rape conviction against her live-in partner cannot claim maintenance under Section 125 CrPC.

06 October, 2025 06:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email