Yet to file reply: Centre asks Supreme Court not to take up plea of criminalisation of marital rape

New Delhi: The Centre on Tuesday asked the Supreme Court not to take up a plea seeking criminalisation of martial rape this week as the Union government is yet to file its reply in the matter.

Solicitor General Tushar Mehta, appearing for the Centre, submitted before a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra that the government is yet to file its reply, the matter may not be taken up this week.

He made the mentioning before the end of the court proceedings.

On September 18, the Supreme Court had said that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government choses not to file an affidavit into the matter.

"It is a matter of law. They will have to argue on the point of law if they have chosen not to file an affidavit,” the bench had said as a counsel mentioned the matter saying the Centre has yet not filed its response despite several opportunities.

The bench had then clarified that it would decide the question of law in the matter as senior advocate Indira Jaising requested for early hearing of the matter.

In January 2023, the apex court had sought Centre’s reply on pleas related to criminalisation of marital rape and the provision of the IPC, which provide protection to a husband against prosecution for forcible sexual intercourse if the wife is an adult.

The Centre had said that this issue has social implications. However, it had then said it would file its reply.

Notably, in November, 2022, the Karnataka government has supported before the top court the March 23, 2022 judgement of the High Court which had declined to quash the charges of rape framed under Section 376 of the Indian Penal Code (IPC) against a man accused of raping his wife, despite the exception to the husband.

Earlier, the Delhi High Court had on May 11, 2022 given a split verdict with regard to exception for husbands for sexual assault under the penal law.