The Chief Justice of India, D.Y. Chandrachud, who is set to retire on November 11, has stepped back from hearing the pivotal marital rape exception case as of October 23, 2024. His decision follows remarks indicating that the lawyers’ arguments are unlikely to conclude in the “foreseeable future.”
The day commenced with numerous senior lawyers on both sides requesting dedicated time for their submissions. Senior advocates, including Gopal Sankaranarayanan, Rakesh Dwivedi, Indira Jaising, and Solicitor General Tushar Mehta representing the government, informed the Bench that they would require significant time for comprehensive arguments. Mehta emphasized the case’s “polycentric” nature, hinting at its extensive social implications.
Chief Justice Chandrachud noted that many lawyers still wished to present their arguments, adding that the court could not restrict submissions. However, he expressed a preference to have the case reserved for judgment before the upcoming Deepavali holidays.
As the court is set to close for Deepavali on October 25, with a reopening scheduled for November 4, the Chief Justice’s final working day is November 8. He hinted at the challenges of concluding proceedings before these dates, stating, “It would not be possible to conclude within the foreseeable future.”
The three-judge Bench, including Justices J.B. Pardiwala and Manoj Misra, has rescheduled the case for a hearing in four weeks.
Attention now turns to Justice Sanjiv Khanna, appointed to succeed Chief Justice Chandrachud, who will oversee the next steps in this significant matter.
The case concludes on an inconclusive note, with petitioners arguing that the current legal protections for non-consensual sexual acts within marriage infringe upon women’s rights to bodily integrity, autonomy, and dignity. Conversely, a recent affidavit from the government cautioned that labeling such acts as rape could disrupt married life and undermine the institution of marriage.
The petitions aim to eliminate Exception 2 of Section 375 of the Indian Penal Code, which allows husbands to avoid rape charges for non-consensual acts with their wives if they are over the age of fifteen. This legal challenge was spurred by contradictory rulings from the Karnataka and Delhi High Courts, prompting a call for a definitive ruling from the Supreme Court.
The Karnataka High Court had previously determined that husbands could face rape charges for non-consensual sex with their wives, a stance supported by the Karnataka government in its Supreme Court affidavit. Conversely, a separate Delhi High Court case resulted in a split verdict, with Justice Rajiv Shakdher ruling the exception unconstitutional, while Justice C. Hari Shankar suggested that any legislative change should come from the assembly due to the involved social and cultural dimensions.
Stay tuned for further updates on this important legal development.
