Supreme court to hear pleas related to marital rape on 9th May 2023

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Today, Senior Advocate Indira Jaising and Advocate Karuna Nundy mentioned a plea concerning the constitutional validity of marital rape before the Supreme Court of India seeking a specific posting. The Supreme Court listed the pleas seeking to criminalize marital rape on May 9, 2023. The matter was listed for March 21, 2023, before the Supreme Court bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice PS Narasimha. Due to the absence of Justice JB Pardiwala, the matter could not be heard on the scheduled date. In order to list the matter, CJI asked Solicitor General Tushar Mehta regarding the time required to argue on the topic. As there were different petitions to be heard with four kinds of matters, SG told CJI that he would take one and a half day to argue on the same. Four kinds of matters to be addressed include:

  • Split verdict of the Delhi High Court on the marital rape exception.
  • Plea against the Karnataka High Court’s order which sustained charges against the husband for forcible sex with his wife under Section 376 IPC. 
  • Intervening applications.
  • Public Interest Litigations against marital rape exception.

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