A bench led by Chief Justice DY Chandrachud was hearing the marital rape case
New Delhi:
In a significant development, the Supreme Court bench, headed by Chief Justice DY Chandrachud, has decided to step back from hearing cases that challenge the immunity given to husbands in marital rape cases. This decision is influenced by the Chief Justice’s upcoming retirement on November 10, leaving the current bench unable to finish the extensive arguments and deliver a verdict in that timeframe.
During a recent hearing, the Supreme Court announced that these important discussions would be put on hold for the next four weeks. After this period, a new bench will take over the case.
Lawyers Seek More Time
In the latest session of court, several lawyers representing the parties involved expressed the need for additional time to present their arguments. Senior Advocate Gopal Sankarnarayanan mentioned that he would require at least a full day to lay out his case. Solicitor General Tushar Mehta echoed this sentiment, stating he too would need a day for his submissions, as did Senior Advocate Rakesh Dwivedi. Other notable lawyers involved include Maninder Singh, Arvind Datar, and Indira Jaising.
Chief Justice DY Chandrachud addressed the assembly, stating, “Then this can be deferred.” He elaborated that they had already heard from Ms. Nundy and that the estimates for arguments by Sankarnarayanan, Jaising, and other advocates indicated that hearing all submissions would take a significant amount of time, making it impossible to reach a conclusion in the near future. Consequently, he ordered that the matter be rescheduled after four weeks.
Legacy Remarks and A Call for Justice
During the hearing, Senior Advocate Karuna Nundy, representing one of the petitioners, made a heartfelt comment, stating, “Your (Chief Justice) legacy would warrant this case to be heard for the millions of women.” This statement drew a response from the Solicitor General, who remarked, “Your lordship’s legacy will be remembered and this statement need not be made.” The Chief Justice acknowledged the significance of the arguments yet to be presented and confirmed that the matter will be relisted after the four-week gap.
Background on Marital Rape Laws
These hearings focus on the Bharatiya Nyaya Sanhita, a law that has been brought into effect, which grants immunity from prosecution for husbands accused of raping their wives, provided the wives are not minors. According to this new legislation, the law states that any sexual intercourse or acts by a man with his wife, as long as she is over eighteen, cannot be considered rape.
Government’s Position
The government has presented its viewpoint to the court, arguing there is no essential need to criminalize marital rape. They maintain that this issue transcends legal boundaries and is more of a societal concern, suggesting it could have significant implications on society as a whole.
The Centre further argued that Parliament has already put in place multiple measures designed to safeguard the consent of married women within the confines of marriage. The government emphasizes that marital relations encompass a wide range of factors, and they believe that the institution of marriage must be protected.
Thus, they argue that if the lawmakers decide that protecting marriage is a priority, it would not be appropriate for the judicial system to eliminate the exception that provides immunity to husbands.
The Road Ahead
With the case adjourned, many are keenly watching to see how the new bench will approach the matter once it is heard again. The discussions surrounding marital rape are sure to remain a hot topic, reflecting the numerous opinions and deeply felt emotions surrounding the issue.
The voices calling for legal reform and stronger protections for women continue to grow louder, indicating a societal shift that may crunch the longstanding laws that have historically favored husbands over their wives in such cases. As this critical conversation continues, both on the legislative and societal fronts, there is hope for progress that acknowledges the rights and dignity of women in marriages.
As the legal landscape evolves, advocates, lawyers, and citizens continue to engage in discussions about what it means for a woman to have autonomy and agency within the confines of marriage, challenging old norms and advocating for a future where justice is served without discrimination. The next hearings promise to bring fresh perspectives and deeper analysis of the law, and many await the outcome with anticipation and hope.
