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Senior Advocate Karuna Nundy requested CJI Chandrachud to hear the petitions saying, "Most respectfully, Milord your legacy in such cases will bring it home for us..". She further submitted that if all the counsels could be disciplined, they would complete the hearing as this was about millions of women..
The Supreme Court of India has listed the batch of petitions pertaining to the issue of criminalization of marital rape after four weeks.
Chief Justice of India, DY Chandrachud who will be demitting office on 11th November, today expressed his inability to conclude the hearing in a timely manner and has listed them before a fresh bench now. "Unless we can conclude hearing on this side of the holidays only then we can put out a judgment..", he said,
This statement from the CJI came as a response to the counsels before him submitting that they would each require a day to conclude their respective submissions.
"In view of the time estimate we are of the view that it would not be possible for us to conclude the hearing before the Diwali vacations..", Justice Chandrachud went on to say.
The petitions before top court challenge the exception 2 of Section 375, Indian Penal Code as much as it excludes married women from filing rape charges against her husband.
"Will striking down the exception and criminalizing acts of non-consensual intercourse within marriage would have the possibility of destabilizing the institution of marriage?", the Chief Justice of India had asked last week as hearing had commenced.
Central government has opposed before the Supreme Court a plea for criminal martial rape, saying a comprehensive, and holistic rather than a strictly legal approach was required in the matter.
Supreme Court had issued notice in September 2023 in the appeal filed against the split verdict pronounced by the Delhi High Court in the cases pertaining to the issue of criminalization of marital rape.
Said appeal has been filed by one Khushboo Saifi who was a petitioner before the High Court in the matter. Supreme Court while issuing notice in the plea challenging the Delhi High Court's split verdict, had also issued notices in similarly placed appeals filed by Hridaya Nest of Family Harmony and All India Democratic Women’s Association.
Saifi approached the top court after the high court bench consisting of Justice Rajiv Shakdher and Justice C Hari Shankar granted a certificate of leave to appeal before the Supreme Court as the matter involved a substantial question of law.
While Justice Shakdher had held the provision unconstitutional and ordered the exception to be struck down, Justice Harishankar had held that the provision is constitutional and is based on “intelligible differentia”.
Case Title: Khushboo Saifi vs. Union of India & Ors.
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