Why CJI Chandrachud adjourned marital rape case hearing
Chief Justice of India (CJI) DY Chandrachud has deferred the hearing of the marital rape case by four weeks. The bench was unable to conclude the case before CJI Chandrachud's retirement on November 10, 2024, which led to the decision. Justice Sanjiv Khanna is likely to succeed him, subject to the Union Government's approval.
Bench's time constraints
The Supreme Court bench, headed by CJI Chandrachud and also comprising Justices JB Pardiwala and Manoj Misra, started hearing pleas seeking criminalization of marital rape on October 17. Senior Advocate Gopal Sanjaranarayanan said he required at least a day to conclude his submission. Senior Advocates Rakesh Dwivedi and Indira Jaising also sought more time for their submissions.
Current legal provision on marital rape under scrutiny
Taking these requests into account and the impending Diwali vacations, CJI Chandrachud observed that it would be difficult to conclude the hearings before his retirement. He thus adjourned the case for four weeks. The bench's order read, "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."
Indian law's stance on marital rape
Currently, under Indian law, a husband cannot be prosecuted for raping his wife if she isn't a minor. Under Section 375 of the Indian Penal Code (IPC) and its replacement, the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or acts by a man with his wife are exempted from being defined as rape if she isn't a minor.
