The Impressive TimesNew Delhi : The Supreme Court of India reaffirmed on Wednesday that it will proceed with ruling on the legality of the immunity granted to husbands from prosecution for marital rape, regardless of the Union government’s silence on the matter. The case, which challenges the exemption provided to husbands under Section 375 of the Indian Penal Code (IPC), was listed for hearing but could not be taken up due to a day-long session on customs appeals. However, the court made it clear that the absence of an official position from the government will not prevent a legal determination.
A bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud emphasized that the issue at hand is a matter of legal interpretation, which can be adjudicated based on legal principles, even if the Union government remains non-committal. “It’s a matter of law. They will have to argue on the point of law if they have chosen not to file an affidavit,” the CJI stated, signaling the court’s intent to move forward with a decision.
The ongoing case is a significant challenge to the marital rape exception, which currently exempts husbands from being prosecuted for raping their wives, provided the wife is not a minor. Activists and women’s rights groups have long argued that this provision perpetuates gender inequality and violates the constitutional right to equality and dignity. On the other hand, conservative groups and certain political factions have opposed the removal of the exemption, citing concerns about the potential for misuse of the law and its implications on marriage as an institution.
Despite the Union government being given multiple opportunities to present its stance, it has remained silent on the issue, neither submitting a formal affidavit nor making a clear statement in court. This lack of response has drawn criticism from civil society, which views the government’s inaction as an abdication of responsibility on a crucial legal and human rights issue.
Chief Justice Chandrachud, however, underscored that the judiciary will not be deterred by the government’s silence. The bench is expected to rely on arguments from the petitioners and other stakeholders, including women’s rights organizations and legal experts, to make its decision. The court has also indicated that it will examine international legal standards and the judicial precedents of other countries where marital rape is criminalized.
The eventual ruling on this case could have far-reaching consequences for women’s rights in India, as it would mark a pivotal moment in the country’s legal approach to marital relations and gender equality. The Supreme Court’s decision is highly anticipated, as it may set a landmark precedent on the issue of marital rape, with implications for India’s legal and social landscape.
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