Supreme Court Considers Marital Rape Exception Case
The Supreme Court of India has decided not to delay the hearing of petitions challenging the marital rape exception under Indian law. On Monday, the Court resisted a request to postpone proceedings until November. A Bench led by Chief Justice of India (CJI) Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, announced that they will hear the Union government’s stance on Wednesday, September 9, before scheduling a date for final arguments.
The ongoing legal discourse at the apex court follows a divisive outcome from the Delhi High Court in May 2022. Justice Rajiv Shakdher had ruled Exception 2 to Section 375 of the Indian Penal Code unconstitutional, which exempts a husband from rape charges within marriage, while Justice C Hari Shankar upheld the exception, citing it as a legislative classification based on intelligible differentia.
Among the cases connected to the Supreme Court’s deliberations is an appeal against a Karnataka High Court decision that declined to nullify marital rape charges against a husband under Section 376 IPC. Senior Advocate Indira Jaising highlighted that the court will address eight interconnected cases on September 9, listed as Item 108. These include challenges to the constitutional validity of the marital rape exception, with some cases emerging from the Delhi High Court’s split verdict and others being fresh petitions filed as recently as 2026.
Jaising pointed out the delay in exchanging petition copies among counsel, complicating the process of identifying common legal issues. She proposed a November date for the final hearing, which the Bench declined.
Addressing the absence of a counter-affidavit from the Union, CJI Kant queried, “When it is a constitutional validity matter… what is the need for the counter?” Senior Advocate Karuna Nundy contended that the Union’s affidavit would be beneficial for the Court’s deliberations, stating, “It will be of some assistance, especially on such a question.”
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Senior Advocate Siddhartha Dave observed that the matter involves a complex mix of factual and legal issues that are being considered together.
Ultimately, the Supreme Court chose not to adjourn the cases to November, opting instead for a preliminary hearing on Wednesday. “Let it come on Wednesday. Let us hear the Centre and then we will give a date,” the bench concluded.
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