New Delhi, Oct 23 (UNI) The Supreme Court on Wednesday postponed the hearing of a series of petitions seeking to criminalise marital rape in India.
The hearing, which began last week, will now resume before a new bench after Chief Justice of India (CJI) DY Chandrachud retires on November 10.
A bench comprising CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra deferred the case following a discussion with the counsel representing both sides.
The lawyers submitted that they would need at least one day each to present their arguments in the significant case.
Senior Advocate Gopal Sankaranarayanan said he will require at least one day to conclude his arguments.
This will be followed by submissions from Senior Advocate Indira Jaising and other counsels who will also need a day each. Hence, it will not be possible to complete the hearing before I retire,” CJI Chandrachud noted. The bench then adjourned the case for four weeks.
Sankaranarayanan highlighted the depth and complexity of the case, emphasising that it would require a full day to present his arguments.
“It is a substantial issue and my conscience will not allow me to rush through the arguments. There is much to be said,” he asserted, referring to the large volume of material placed on record in the case.
Solicitor General (SG) Tushar Mehta, representing the Union government, also requested a full day to argue. “The implications are far-reaching, and it is not our case that one can have sexual intercourse without consent. However, this is a polycentric problem with multiple facets. Your lordships will have to examine several aspects of this issue,” Mehta submitted.
He said the matter goes beyond legal interpretations and includes social, psychological and familial considerations.
Jaising is also expected to present her arguments, while Senior Advocate Karuna Nundy took a passionate stance, urging the CJI to hear the matter before his retirement.
“Your legacy would warrant this case to be heard for the millions of women,” Nundy said, arguing that the issue is not only legally significant but deeply tied to gender justice in India.
However, SG Mehta responded, stating, “Your lordship’s legacy will be remembered, and this statement need not be made.”
The petitions before the court challenge the constitutionality of Exception 2 to Section 375 of the Indian Penal Code (IPC), which exempts forced sexual intercourse between a husband and wife from being classified as rape. A similar provision exists in the newly enacted Bharatiya Nyaya Sanhita (BNS), which replaced the IPC earlier this year on July 1.
The central government has defended the existing law, arguing that the issue is not just legal but also deeply rooted in social structures and family dynamics. It contends that marital rape should not be criminalized without considering the potential social impact and the nature of the marital relationship.
In May 2022, the Delhi High Court delivered a split verdict on whether marital rape should be a criminal offence, with one judge favoring the removal of the exception and the other opposing it. The case was subsequently appealed to the Supreme Court.
Once CJI Chandrachud retires, a new bench will be constituted to hear the arguments in full, with each counsel expected to take at least one day to present their detailed submissions.