Supreme Court Awaits Centre’s Reply on Marital Rape Petitions – Hearing Date to Be Fixed

Overview The Supreme Court has postponed fixing a hearing date on a batch of petitions challenging the marital‑rape exemption. It will first consider the Union government's response before scheduling a suitable date. Key Developments Senior advocate Indira Jaising urged the bench, headed by Chief Justice Surya Kant , to list the matter for November after the Centre files a substantive reply. The petitions question the constitutional validity of the marital‑rape exemption in Section 375 of the Indian Penal Code (IPC) , now replaced by the Bharatiya Nyaya Sanhita . The batch also seeks clarification on the new exception under Section 63 of BNS . Earlier split verdicts of the Delhi High Court (May 2022) and observations of the Karnataka High Court, which called the exemption violative of Article 14 , are part of the background. Important Facts The petitions are PILs challenging the marital‑rape exemption as discriminatory against married women. The Union has so far filed only a preliminary objection, not a full reply. The bench, comprising Justices Joymalya Bagchi and V. Mohana , will hear the Centre’s stance on September 9 before fixing a later date. UPSC Relevance This case touches upon several GS topics: constitutional law (Article 14), criminal law reforms (transition from IPC to BNS), gender justice, and the role of the judiciary in interpreting statutes. Understanding the evolution of the marital‑rape clause helps answer questions on women's rights, legal reforms, and the balance of powers between the legislature and judiciary. Way Forward Legal experts expect the Supreme Court to examine whether the marital‑rape exemption violates equality guarantees. A possible outcome could be the amendment or striking down of the exemption in the BNS, aligning Indian law with international norms on gender‑based violence. Aspirants should monitor subsequent orders and any legislative response from Parliament.