Supreme Court defers hearing on marital rape pleas for four weeks

The Supreme Court of India has postponed the hearing on petitions challenging the immunity granted to husbands in marital rape cases for four weeks. This decision comes as Chief Justice DY Chandrachud prepares to retire next month, with his last day in the court being November 8.

Retirement of Chief Justice Chandrachud

Chief Justice Chandrachud is set to retire on November 10, raising concerns about the completion of discussions on this crucial issue before his retirement.

 The three-judge bench, which includes Justices J B Pardiwala and Manoj Misra, began its examination of the matter on October 17. The focus is on the exception clause of Section 375 of the Indian Penal Code, and the Bharatiya Nyaya Sanhita, which allows sexual relations between a husband and wife aged 18 or older to be excluded from the definition of rape.

 During a recent hearing, Senior Advocate Gopal Sankaranarayanan, representing one of the petitioners, indicated he would need an additional day to make his arguments. Solicitor General Tushar Mehta, representing the government, also expressed the need for more time to address the complex legal issues involved.

The bench highlighted that the upcoming Diwali holidays will further complicate the timeline. A final decision before the Chief Justice retires can only happen if the arguments are finished this week. “In view of the time estimate, we are of the view that it would not be possible to complete the hearings in the foreseeable future,” said the bench.

(With inputs from agencies)