High Court Sets Hearing Schedule on Marital Rape Exception Challenge
A bench led by the Chief Justice has scheduled hearings on petitions contesting the government's stance on the marital rape exception in Section 375 of the IPC.
A bench headed by the Chief Justice has set dates for hearing a batch of petitions that challenge the Union Government’s official position on Exception 2 to Section 375 of the IPC.
The petitions seek to scrutinise the legal basis for the marital rape exception, arguing that the clause contravenes constitutional guarantees of equality and personal liberty. The bench will examine the arguments presented by the respondents and the petitioners, and will consider whether the exception aligns with the Constitution’s fundamental rights framework.
The court’s direction is that the hearings will be conducted in a phased manner, with preliminary submissions due within a fortnight. The bench has emphasized that the issue is of national significance, given the growing discourse on gender justice and the need for a clear legal stance on marital rape.
Key takeaway
When a constitutional challenge questions an IPC provision, courts focus on whether the provision aligns with fundamental rights. The outcome will likely influence how marital rape is treated under Indian criminal law and could prompt legislative review.