In a major development, the Supreme Court has deferred the hearing of pleas seeking to criminalize marital rape due to the impending retirement of Chief Justice of India DY Chandrachud. The bench, led by the Chief Justice himself, began hearing the matter but will not be able to complete it before his retirement on November 10, 2024. The matter will now have to be heard by another bench, causing further delay for the petitioners and sparking regret among those involved. The matter has been postponed due to the need for additional time and coordination from all parties involved in the case.
Marital Rape in India: Supreme Court Hearing Deferred
Background
Marital rape is non-consensual sexual activity between a husband and wife. In India, marital rape is not a crime, despite the fact that rape is a grave offense under the Indian Penal Code (IPC). This legal lacuna has allowed perpetrators of marital rape to go unpunished.
In 2022, several petitions were filed in the Supreme Court seeking to criminalize marital rape. The petitions argued that the current law was discriminatory and violated women's rights.
Recent Developments
On October 16, 2023, the Supreme Court began hearing the petitions seeking to criminalize marital rape. The bench, led by Chief Justice of India (CJI) Dhananjaya Yeshwant Chandrachud, began hearing the matter but will not be able to complete it before his retirement on November 10, 2024.
As a result, the hearing has been deferred to another bench. This has caused further delay for the petitioners and sparked regret among those involved.
Top 5 FAQs and Answers
1. Why is marital rape not a crime in India?
Historically, marital rape was not considered a crime in India due to the concept of "marital immunity," which protected husbands from prosecution for sexual violence against their wives.
2. What are the arguments in favor of criminalizing marital rape?
Supporters of criminalizing marital rape argue that it is a violation of women's rights, perpetrates gender-based discrimination, and perpetuates a culture of silence around sexual violence.
3. What are the arguments against criminalizing marital rape?
Opponents of criminalizing marital rape argue that it could lead to false accusations, undermine the institution of marriage, and discourage couples from seeking marital counseling.
4. What is the current status of the case in the Supreme Court?
The Supreme Court hearing on the petitions seeking to criminalize marital rape has been deferred due to the impending retirement of CJI Chandrachud. The matter will now have to be heard by another bench.
5. What are the next steps in the case?
The next bench to hear the case will determine the schedule for further hearings and rule on the petitions seeking to criminalize marital rape.
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