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Supreme Court has acknowledged the significance of the petitions challenging the immunity granted to husbands in marital rape cases and has agreed to consider an early listing of the matter. Senior counsel Indira Jaising, representing the case, requested Chief Justice of India Dhananjaya Y Chandrachud for a fixed date.
The court has not effectively heard the case since January 2023, and the Chief Justice assured that they will try to find a slot between the Constitution bench hearings to address this important issue. The matter revolves around the validity of the immunity clause protecting husbands from prosecution for non-consensual sex with their wives.
A set of public interest litigations (PILs) have been filed challengin the validity of the immunity clause in the IPC on the grounds of discrimination against married women who were sexually assaulted by their husbands. The split verdict by the Delhi high court in May 2022 is also pending before the top court for a final word.
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