Supreme Court of India Debates Marital Rape Exception
People vs Patriarchy
In New Delhi, the Supreme Court of India is currently hearing a significant case regarding marital rape. The case challenges Exception 2 of Section 375 of the Indian Penal Code, which exempts husbands from being prosecuted for rape against their wives. Senior Advocate Karuna Nundy, representing the All India Democratic Women’s Association (AIDWA), argues that this exception is a matter of ‘People versus Patriarchy’.
During the hearing, Nundy emphasized the importance of consent, stating, “currently my right to say no is equivalent to my right to say free and joyful yes.” The court, led by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, is examining the constitutional validity of this exception.
The court is considering whether removing the exception would destabilize marriages and if it would create a new offense. Nundy argued that rape is already an offense and that the exception only excludes husbands. She highlighted that in a live-in relationship, non-consensual sex is considered rape, but not in marriage.
The Centre has filed an affidavit expressing concerns that criminalizing marital rape could impact marriages and lead to misuse of the law. They suggest a comprehensive approach rather than a strictly legal one. The case will continue next Tuesday.
Doubts Revealed
Supreme Court of India -: The Supreme Court of India is the highest court in the country. It makes important decisions about laws and justice in India.
Marital Rape Exception -: This is a rule in Indian law that says a husband cannot be charged with rape if the victim is his wife. The Supreme Court is discussing if this rule should be changed.
Indian Penal Code -: The Indian Penal Code is a big book of laws that tells what is legal and illegal in India. It includes rules about crimes and punishments.
Exception 2 of Section 375 -: This is a specific part of the Indian Penal Code that says husbands cannot be punished for raping their wives. The court is thinking about whether this should be changed.
Karuna Nundy -: Karuna Nundy is a well-known lawyer in India. She is arguing in court to change the law about marital rape.
AIDWA -: AIDWA stands for All India Democratic Women’s Association. It is a group that works for women’s rights in India.
Patriarchy -: Patriarchy is a system where men hold more power and control than women. The debate is about whether the law supports this unfair system.
Centre -: In this context, ‘Centre’ refers to the central government of India. They are concerned about how changing the law might affect society and legal systems.
Socio-legal implications -: This means the effects that a law might have on society and the legal system. The government is worried about how criminalizing marital rape could change things.