Tue Oct 29 09:00:51 UTC 2024: ## Supreme Court Postpones Hearing on Marital Rape Law Challenge
The Supreme Court on Wednesday, October 23, postponed for four weeks the hearing on petitions challenging the exemption granted to husbands in marital rape cases. The hearing was adjourned as Chief Justice D.Y. Chandrachud, who is set to retire on November 10, stated that he would not be able to complete the hearing and deliver a judgment before the Diwali holidays.
Justice Chandrachud emphasized the need for all lawyers to be given sufficient time to present their arguments. The bench, also comprising Justices J.B. Pardiwala and Manoj Mishra, decided to have the petitions heard by another bench after four weeks.
The hearing began on October 17, with petitioners highlighting the exemption provided by Section 375 of the Indian Penal Code (IPC) and Section 63 of the Indian Evidence Act (IEA) that currently exempts husbands from rape charges for sexual intercourse with their wives.
The Central government argued that in the rapidly evolving social and familial structures, the amendment to these provisions could be misused. They pointed out the difficulty in proving consent in such cases.
The court’s decision to postpone the hearing adds another layer of complexity to a highly sensitive issue that has been the subject of much debate in India.
First Piper 