The Supreme Court of India has agreed to explore the possibility of expeditiously listing a series of petitions concerning the criminalization of marital rape. Chief Justice DY Chandrachud is leading the bench, which expressed its commitment to finding a suitable slot between ongoing Constitution bench hearings for this critical matter.
Senior counsel Indira Jaising brought the issue to the forefront, urging for a fixed date for the case. Advocate Karuna Nundy, representing one of the petitioners, underscored the urgency of addressing questions related to violence within intimate relationships. The Chief Justice assured that the matter would be accommodated between Constitution bench cases, emphasizing its importance.
This development stems from a 2022 incident where the Supreme Court intervened in a trial involving a husband accused of raping his wife. The Karnataka High Court had upheld the charges against him, prompting the accused to challenge this decision before the Supreme Court. A three-judge bench led by former Chief Justice Ramana had issued an ad-interim stay on the High Court's order dated March 23, 2022.
Apart from this specific case, two other petitions related to the criminalization of marital rape are currently pending before the top court. Additionally, there are petitions challenging the Delhi High Court's split verdict on the criminalization of marital rape.
In the Delhi High Court case, a split verdict was delivered on a batch of pleas challenging the validity of the exception to Section 375 IPC, which provides for the marital rape exception. This exception has been a point of contention, and the Supreme Court is now poised to address these crucial issues surrounding violence within intimate relationships.
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