Supreme Court Adjourns Hearing on Petitions for Criminalization of Marital Rape in India

Supreme Court Adjourns Hearing on Petitions for Criminalization of Marital Rape in India

The Supreme Court on Wednesday adjourned the hearing of a batch of petitions seeking criminalisation of marital rape in India.

A Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra deferred the hearing after counsel from both sides provided a timeline for their arguments. The lawyers indicated they would each need one day to present their cases. As a result, the Court suggested that a decision may not be reached before CJI Chandrachud's retirement on November 10.

"Mr Gopal Sankaranarayanan says he will require one day. This will be followed by submissions by Senior Advocate Indira Jaising and other counsel will take a day each....hence it will not be possible to complete hearing in the foreseeable future," the CJI said.

The Bench held that the matter would be heard by a new bench after four weeks. Senior Counsel Sankaranarayanan had earlier submitted that, given the substantial material on record, he would need a full day to present his arguments in the case.

"It is a substantial issue and my conscience will not permit to try to stifle it... there is much to be said," the senior counsel said.

On the other side, Solicitor General Tushar Mehta also informed the Court that he would need one full day to present his arguments.

"The ramifications are very long and it is not our case that one can have sexual intercourse without consent ... but it is a polycentric problem. Your lordships will have to examine several aspects," Mehta submitted.

To this, CJI Chandrachud stated that the matter would need to be deferred. Following the adjournment, Senior Advocate Karuna Nundy attempted to convience CJI Chandrachud to continue hearing the case.

"Your legacy would warrant this case to be heard for the millions of women," the senior counsel said.

At this, SG Mehta said,

"Your lordship's legacy will be remembered and this statement need not be made."

Back in the year 2022, the Delhi High Court delivered a split verdict on the issue of whether marital rape should be criminalized. Following this, the matter was brought before the Supreme Court in September of that year.
 

 

 

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