The Supreme Court of India has postponed its hearing on petitions challenging the legal immunity granted to husbands in marital rape cases by four weeks. This decision follows the approaching retirement of Chief Justice DY Chandrachud, who is set to leave office on November 10, with his last working day in the court on November 8.
Key Developments:
- Retirement of Chief Justice Chandrachud: As Chief Justice Chandrachud’s tenure concludes, there are concerns about whether discussions on this critical matter can be finalized before his departure. The hearing is led by a three-judge bench, including Justices J B Pardiwala and Manoj Misra, which started examining the issue on October 17.
- Focus on Exception in IPC: The case revolves around the exception clause of Section 375 of the Indian Penal Code and the Bharatiya Nyaya Sanhita, which excludes sexual relations between spouses aged 18 or older from the legal definition of rape.
- Time Requests from Advocates: During recent proceedings, Senior Advocate Gopal Sankaranarayanan requested more time to present arguments on behalf of one of the petitioners. Additionally, Solicitor General Tushar Mehta, representing the government, indicated a need for extra time to address the complexities of the case.
Impact of Diwali Break
The upcoming Diwali holidays have further complicated the hearing schedule. The bench acknowledged that the festive break, coupled with the time required for comprehensive legal arguments, makes it challenging to conclude discussions before Chief Justice Chandrachud’s retirement. As a result, the court has decided to defer the case until mid-November.
This extension underscores the sensitive nature of the legal debate on marital rape, highlighting the court’s careful approach to the potential implications of redefining Section 375.
Leave a Reply