The Centre on Wednesday told the Supreme Court that if marital rape were to be criminalized, the decision falls within the domain of the legislature and the executive, not the Supreme Court.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana directed that the matter be listed for final hearing after three weeks on Wednesdays and Thursdays.
The Supreme Court said it will commence hearing on a batch of petitions seeking criminalisation of marital rape after three weeks. Appearing on behalf of the Centre, Solicitor General Tushar Mehta said that criminalising marital rape is the job of Parliament, not the Supreme Court.
“A woman subjected to involuntary sexual intercourse [in marriage] is undoubtedly a victim. We will protect victims. Only question is whether State defines it as rape,” Justice Bagchi asked. The matter then reached the Supreme Court.
In 2022, the Delhi High Court had delivered a split verdict on whether marital rape should be a criminal offence.
The Court said that it will examine two questions: one, whether a prosecution can be sustained even if the marital rape exception survives, and two, whether the exception itself is constitutionally valid.
