Supreme Court Hearing on Marital Rape : The Supreme Court on Thursday began hearing petitions seeking to declare marital rape a crime. In their applications, the petitioners are challenging the exception given in the Indian Justice Code ( BNS ), which prevents husbands from being accused of rape. The petitioners argue that sex cannot be forced on a wife, she has the right to say 'no'. During the hearing, the question raised in the apex court was whether declaring marital rape a crime will not weaken the sacred bond of marriage?

Asked for a reply on the argument of the central government

Challenging Exception 2 of Section 63 of the BNS, the petitioners argued that criminalizing marital rape reflects the 'people versus patriarchy' in India. A three-judge bench of Chief Justice (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra sought a response from the petitioners on the plea of ​​the Central government that criminalizing marital rape would seriously affect the marital relationship and could disturb the institution of marriage.

Saying 'paved' is unconstitutional - Nandi.

On this, the court asked the petitioners what they would say on this argument of the Center. Senior advocate Karuna Nandi, appearing on behalf of the petitioners, said, 'Now my right to say yes happily and without any pressure is equal to the right to say no.' Nandi argued that rape is already a crime but the current law excludes the husband from the scope of marital rape, calling it an exception is unconstitutional.

'It's a matter of people versus patriarchy'

Nandy, who appeared for the All India Women's Association (AIDWA), cited the Supreme Court's judgment on the right to privacy while presenting her arguments. She stressed that the right to privacy cannot be used to oppress women. Nandy said that 'this is not a case of man versus woman but people versus patriarchy.' On this argument, Justice Pardiwala asked Nandy, 'So you are saying that when a wife refuses to have sex, the husband has no option but to seek divorce?'

Talk to wife for sex-petitioner

In response to this, Nandi smiled and said, 'Wait for the next day or be more attractive or talk to her (wife).' Another lawyer of the petitioners urged the Supreme Court to consider sending the case to the Constitution Bench. Earlier this month, the Center had filed an affidavit opposing the petitions to declare marital rape a crime.