Archive · 8 Sep 2026
Supreme Court to Fix Marital Rape Hearing Date Wednesday
The Supreme Court is considering whether a law protecting husbands from prosecution for sexually assaulting their adult wives should remain.
Some petitions ask the Court to remove this protection.
The Court did not agree to delay the matter until November.
It will first hear what the Union government says on Wednesday.
After that, it will choose a date for the final arguments.
The case largely began because two Delhi High Court judges disagreed.
Justice Rajiv Shakdher said the protection was unconstitutional.
Justice C Hari Shankar said the protection was legally valid.
The Supreme Court will now decide how the case proceeds.
The Supreme Court refused to immediately defer hearings on petitions challenging the marital rape exception.
The petitioners had sought postponement of the hearing until November.
The Bench will hear the Union government on Wednesday before fixing a date for final arguments.
The case primarily stems from a split May 2022 verdict by the Delhi High Court.
One Delhi High Court judge struck down the exception, while another upheld it.
- Who
- The Supreme Court, the Union government, and petitioners challenging the marital rape exception.
- What
- The Court is deciding when to hear final arguments in petitions challenging the exception to the marital rape law.
- When
- The Supreme Court will hear the Union government on Wednesday and then fix a date for final arguments.
- Where
- The proceedings are before the Supreme Court of India in New Delhi.
- Why
- The petitions challenge a provision that immunises a husband from prosecution for non-consensual sexual acts against his adult wife.
Exception Is Unconstitutional
Exception Is Legally Valid
Validity of marital rape protection
Exception Is Unconstitutional
Justice Rajiv Shakdher held that Exception 2 to Section 375 of the Indian Penal Code, which protects husbands from prosecution for non-consensual sexual acts against adult wives, was unconstitutional.
Exception Is Legally Valid
Justice C Hari Shankar upheld the exception, ruling that the legislature’s classification was based on intelligible differentia.
- Issue
- Challenge to the marital rape exception
- Current action
- The Supreme Court refused to immediately defer the hearing
- Requested delay
- The petitioners sought postponement until November
- Next step
- The Court will hear the Union government on Wednesday
- Origin of case
- A May 2022 split verdict by the Delhi High Court
- Exception challenged
- Exception 2 to Section 375 of the Indian Penal Code
- Earlier judicial views
- Justice Rajiv Shakdher declared the exception unconstitutional; Justice C Hari Shankar upheld it