Chief Justice DY Chandrachud Postpones Marital Rape Case Hearing
In New Delhi, Chief Justice of India DY Chandrachud, who is set to retire next month, has postponed the hearing on petitions concerning marital rape. The hearing was adjourned as the bench, led by him, could not conclude the matter soon. The case will be reheard in four weeks. Solicitor General Tushar Mehta and other lawyers requested more time to prepare. Senior Advocate Karuna Nundy urged the Chief Justice to prioritize the case for the justice of millions of women.
The Supreme Court is reviewing petitions challenging Exception 2 to Section 375 of the Indian Penal Code, which states that a husband cannot be charged with raping his wife unless she is under 15. The Centre has filed an affidavit arguing that removing this exception could impact marriages and requires a comprehensive approach. The affidavit warns of potential misuse of amended laws and emphasizes the need for a balanced legal framework.
Various petitions, including one from the All India Democratic Women’s Association, challenge the constitutional validity of the marital rape exception. The Delhi High Court previously delivered a split verdict on this issue, with differing opinions on whether the exception violates the Constitution.
Doubts Revealed
Chief Justice DY Chandrachud -: DY Chandrachud is the Chief Justice of India, which means he is the head of the Supreme Court, the highest court in India. He is responsible for making important decisions on legal cases.
Marital Rape -: Marital rape refers to a situation where a husband forces his wife to have physical relations without her consent. In India, there is a legal exception that does not consider it a crime if the wife is over 15 years old.
Exception 2 to Section 375 -: This is a part of the Indian Penal Code, which is a set of laws in India. Exception 2 to Section 375 says that a husband cannot be charged with rape if his wife is over 15 years old.
Constitutional validity -: Constitutional validity means checking if a law follows the rules and principles set by the Indian Constitution, which is the supreme law of India.
Centre -: In this context, ‘Centre’ refers to the central government of India, which is responsible for making and implementing laws across the country.
All India Democratic Women’s Association -: This is an organization in India that works for women’s rights and equality. They are challenging the law that exempts husbands from being charged with marital rape.
