The Supreme Court has assured the public that it will prioritize the much-anticipated case surrounding the criminalization of marital rape. The court's decision could potentially determine whether marital rape should be treated as a criminal offense or continue to be considered an exception to the crime of rape.

Having last heard the case in January of this year, the Supreme Court took note of the central government's request to seek inputs from state governments on the matter. Recently, Senior Advocate Indira Jaising brought forward a related plea during a session led by Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra, focusing on a child sexual abuse case.

During the session, CJI Chandrachud acknowledged that the court is yet to resolve the legal challenge regarding exception 2 to Section 375 of the Indian Penal Code (IPC), which shields husbands from charges of rape when engaging in non-consensual sexual activities with their wives. Advocate Karuna Nundy further emphasized the brevity of the issue at hand, indicating that Jaising would present the current state of the law to the court.

In response to the arguments put forth, the Supreme Court agreed to list the case, signaling an important step toward potential reform in marital rape legislation.

Previously, the Delhi High Court delivered a divided verdict on May 11, 2022, regarding the exception for marital rape, with one judge striking it down as unconstitutional and the other upholding it. Similarly, Justice M Nagaprasanna of the Karnataka High Court, on March 22, 2022, refused to dismiss a rape charge against a man accused of sexually assaulting his wife and treating her as a sex slave. Justice Nagaprasanna stressed that the institution of marriage should not serve as a shield against abusive behavior.

The Supreme Court temporarily stayed the Karnataka High Court order in July 2022, pending further deliberation. Notably, the Karnataka government supported the High Court's ruling in December of that year. Additionally, an appeal challenging the split verdict of the Delhi High Court remains pending before the Supreme Court.

In a related context, the Supreme Court highlighted the significance of considering marital rape as a form of rape under the Medical Termination of Pregnancy (MTP) Act in September of the previous year. This acknowledgment aimed to safeguard women from forced pregnancies resulting from non-consensual acts within marriage.

With the Supreme Court now committed to addressing the contentious issue of marital rape, this landmark case holds immense potential to reshape the legal landscape, impacting the rights and protection of victims of marital rape throughout the country.