- The Supreme Court bench assures to list the matter concerning marital rape.
- The main question addressed in the case is whether to treat marital rape as a criminal offense.
- The pleas also challenge the constitutional validity of exception 2 to Section 375 of the IPC.
- Earlier, the Central government sought the opinion of State governments regarding the criminalization of marital rape.
- The matter was scheduled for a hearing on March 21, 2023, but was not heard due to Justice Pardiwala’s absence.
- A related matter was mentioned before a three-judge bench today, challenging the Karnataka High Court’s order on marital rape.
- Senior Advocate Indira Jaising requested an urgent hearing, citing allegations of child sex abuse in the case.
- Jaising urged the court to separately list her matter, highlighting the interpretation of the exception and the issue of POCSO.
- The Chief Justice of India responded, stating that they want Jaising’s presence when the main matters are heard.
- During the proceedings, Jaising requested to list the matter after the completion of the ongoing matter related to light motor vehicle driving licenses.
- The Chief Justice assured that the matter of marital rape will be resolved first and will be listed after the completion of other hearings.
- Advocate Karuna Nundy informed the Chief Justice that Jaising would be addressing the current law, while their plea focuses on constitutionality.