New Delhi, September 9 (Daily Kiran) : The Supreme Court of India is currently deliberating on petitions demanding the criminalization of marital rape, with hearings now entering a decisive phase. Chief Justice D.Y. Chandrachud, leading the bench, asserted that marriage does not strip away a woman’s constitutional right to bodily autonomy and consent.
During the proceedings, the central government defended existing provisions in the Indian Penal Code (IPC), arguing that the decision on this sensitive issue falls within the purview of Parliament, not the judiciary. The Supreme Court, after taking the government’s affidavit on record, has scheduled the final hearing for next month, indicating a thorough examination of the matter is forthcoming.
The bench made a critical observation, stating that marriage should not infringe upon a woman’s personal autonomy or her right to consent. They questioned whether legal provisions should allow for non-consensual sexual relations based solely on the institution of marriage. The court emphasized that this issue transcends the dynamics of husband and wife, touching upon the dignity, freedom, and constitutional rights of women.
Solicitor General Tushar Mehta, representing the government, contended that Parliament engaged in extensive discussions when formulating the IPC in 2023. He maintained that determining whether to classify sexual relations within marriage as a crime is a policy decision that only Parliament can make, suggesting that the court should refrain from intervening in such matters.
The petitions challenge a specific exception in the IPC that excludes non-consensual sexual relations with an adult wife from the definition of rape. The Supreme Court has indicated that it will thoroughly examine the constitutional validity of this legal exception during the final hearings. Should the court deem it unconstitutional or arbitrary, it may pave the way for criminal proceedings in such cases.
Ultimately, the Supreme Court will render a decision on this significant legal and constitutional question, which could have far-reaching implications for laws concerning marriage, consent, and women’s rights in India.
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