Marital rape: Supreme Court to begin final hearing after three weeks

The Supreme Court announced that it will begin the final hearing on petitions challenging the marital rape exclusion in India's penal law after a three-week delay. Chief Justice of India Surya Kant and a three-judge bench, including Justice Joymalya Bagchi and Justice V Mohana, discussed the issue of prosecuting a husband for non-consensual sex within marriage.

They questioned whether it is constitutional to allow prosecution when a clear exception exists in Section 375 of the Indian Penal Code (IPC). The bench acknowledged the need to protect victims while also considering the validity of the exception under the law. Senior Advocates Indira Jaising and Karuna Nundy argued against the exclusion, stating that criminalizing non-consensual sex within marriages is not creating a new offence.

However, the Centre, represented by Solicitor General Tushar Mehta, maintained that it is not within the judiciary's power to decide what constitutes "natural" or "unnatural" acts within marriage and that Parliament, not the courts, should address these matters.