The Supreme Court has begun examining a series of petitions challenging the legal exception for marital rape, with the Karnataka case involving allegations of a husband treating his wife as a “sex slave” set to be heard first.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said it would examine whether existing laws can permit prosecution in such cases. The court will also consider the constitutional validity of the marital rape exception.
Senior advocate Indira Jaising, representing the wife in the Karnataka case, argued that the existing law can be interpreted to allow prosecution without immediately striking down the exception.
Justice Bagchi stressed that marriage does not mean a woman loses her individual autonomy. However, he noted that the court must carefully examine the issue because it concerns criminal law and its consequences.
The bench will consider whether the exception can be narrowly interpreted and whether the provision itself violates constitutional rights.
Lawyers also referred to changes made to sexual-offence laws following the 2012 Nirbhaya case. They highlighted how the definition of rape was expanded and raised questions about protections against sexual violence within marriage.
The Supreme Court has scheduled the matters for detailed hearing after three weeks, when it will hear arguments from all sides.