SC on Thursday began scrutinising petitions seeking to criminalise a husband's sexual acts with his non-consenting wife by challenging the validity of the exception of marital rape from the offence of rape in Bhartiya Nyaya Sanhita and its predecessor, IPC , on the ground that women have an inviolable right to say no to sex in marriage.
A bench of Chief Justice D Y Chandrachud , and Justices J B Pardiwala and Manoj Misra had a lingering doubt amidst fierce assertion by senior advocate Karuna Nundy, on behalf of AIDWA on women's right to freedom of expression, including her sexuality in marriage, and asked, "Can the court create a new offence by striking down the exception to Section 63 of BNS?" SC had in 2017 redrafted the exception to definition of the offence of rape in Section 375 of IPC, which had carved out an exception: "sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape."
A bench of Chief Justice D Y Chandrachud , and Justices J B Pardiwala and Manoj Misra had a lingering doubt amidst fierce assertion by senior advocate Karuna Nundy, on behalf of AIDWA on women's right to freedom of expression, including her sexuality in marriage, and asked, "Can the court create a new offence by striking down the exception to Section 63 of BNS?" SC had in 2017 redrafted the exception to definition of the offence of rape in Section 375 of IPC, which had carved out an exception: "sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape."
You may also like
'Jews like monkey': Trump-backing Muslim mayor's troubling history of racist comments
Sunken fishing boat leaves 'stinking' oil leaking into beauty spot harbour
1st Test: Rain forces early stumps after New Zealand begin pursuit of 107 against India (ld)
India ex-official charged in US murder plot had been arrested in Delhi attempted murder case
Jharkhand Elections 2024: JMM-Congress to contest 70 of 81 seats, announces CM Hemant Soren