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Supreme Court sets May 9 for hearing petitions on criminalisation of marital rap

The Supreme Court on Wednesday fixed May 9 for a detailed hearing on a batch of petitions pertaining to the criminalization of marital rape. Before a bench led by Chief Justice DY Chandrachud, senior advocate Indira Jaising raised the issue. She informed the jury that the case’s common compilation and argument sequence were prepared. The Center’s response, according to Solicitor General Tushar Mehta, is prepared and has to be reviewed. On January 16, the top court requested the Center to respond to a number of petitions concerning the criminalization of marital rape.

One of the points was made in response to the Delhi High Court’s divided decision on the matter. Khushboo Saifi, one of the petitioners before the Delhi High Court, has filed this appeal. A group of petitions contesting the exception to Section 375 of the Indian Criminal Code, which exempts coercive sexual contact between a man and his wife from the crime of rape, were heard by the Delhi High Court on May 11, 2022. The court’s decision was split. On March 23, the Karnataka High Court denied a husband’s motion to dismiss rape charges brought against him as a result of a complaint made by his wife.


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