Supreme Court Issues Notice on Plea Challenging Marital Rape Exception
A Supreme Court bench, including Chief Justice DY Chandrachud and Justice PS Narasimha, has issued a notice regarding a petition challenging the marital rape exception under IPC Section 375. The petition aims to strike down Exception 2 of Section 375, which exempts husbands from rape charges for non-consensual sex with their wives unless the wife is under 15 years old.
The petitioner, Ruth Manorama, a Dalit anti-caste and women’s rights activist and General Secretary of Women’s Voice in Karnataka, argues that this exception violates Articles 14, 15(1), 19(1)(a), and 21 of the Constitution. Advocate Karuna Nundy, representing the petitioner, highlighted that a 1984 judgment (Saroj Rani) stated Article 14 does not apply to marital relationships. However, in the Puttaswamy case, Justice Chelameswar noted that this issue remains unresolved, leaving it to be decided later whether Article 14 applies to personal associations.
The petition argues that the doctrine of coverture, which underpins the marital rape exception, reinforces caste hierarchies and violent control over women’s bodies, particularly affecting Dalit women. It asserts that such impunity for married men perpetuates caste-based sexual exploitation.
Chief Justice Chandrachud clarified that the petition challenges a central law’s validity, emphasizing that Article 14 applies to statutes and the marital rape exception must be tested against it.
The bench issued the notice and tagged it with other similar petitions. Senior Advocate Indira Jaising requested separate hearings for the Karnataka matter, focusing on interpreting the exception rather than its validity. Chief Justice Chandrachud assured that while the cases won’t be tagged together, they will be heard on the same day to ensure her presence during the main hearings.
Case Title: Ruth Manorama v. UoI WP(C) No. 1119/2022
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
