CJI Chandrachud-led bench defers hearing on pleas against immunity to husbands in marital rape cases
New Delhi (PTI): Chief Justice D Y Chandrachud, who is demitting office on November 10, Wednesday deferred hearing by four weeks on pleas challenging the immunity granted to husbands in cases of marital rape.
The CJI said he will not be able to conclude the hearing and render the verdict if the hearing does not conclude before the top court closes for Diwali vacation.
Justice Chandrachud said all the lawyers concerned have to be given time sought for making the submissions in the matter.
The bench, also comprising Justices JB Pardiwala and Manoj Misra, fixed the pleas for hearing after four weeks by another bench.
It commenced the hearing on October 17. The Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) grant immunity from prosecution to a husband for the offence of rape if he forces his wife, who is not a minor, to have sex with him.
Under the exception clause of Section 375 of the IPC, now replaced by the BNS, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
Even under the new law, exception 2 to Section 63 (rape) says that "sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape".
The Centre said in a fast-growing and ever-changing social and family structure, misuse of the amended provisions could not be ruled out as it would be difficult for a person to prove whether consent was there or not.
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Sanjay Raut demands re-election, alleges irregularities in EVMs during Maharashtra polls
Mumbai, Nov 25: Shiv Sena (UBT) MP Sanjay Raut on Monday demanded a re-election in Maharashtra using ballot papers, claiming there were irregularities with the electronic voting machines (EVMs).
Talking to reporters, Raut alleged several complaints about EVMs malfunctioning and questioned the integrity of the recently held elections.
The BJP-led Mahayuti won 230 out of 288 seats in the assembly elections, while the opposition Maha Vikas Aghadi managed 46 seats, with Shiv Sena (UBT) winning just 20 out of 95 seats it contested.
"We have received nearly 450 complaints regarding EVMs. Despite raising objections repeatedly, no action has been taken on these issues. How can we say these elections were conducted fairly? Hence, I demand that the results be set aside and elections be held again using ballot papers," Raut said.
Citing some instances, he said a candidate in Nashik reportedly received only four votes despite having 65 votes from his family, while in Dombivli, discrepancies were found in EVM tallies, and election officials refused to acknowledge the objections.
The Sena (UBT) leader also questioned the credibility of the landslide victories of some candidates, saying, "What revolutionary work have they done to receive more than 1.5 lakh votes? Even leaders who recently switched parties have become MLAs. This raises suspicions. For the first time, a senior leader like Sharad Pawar has expressed doubts about EVMs, which cannot be ignored."
Asked about the MVA's poor performance in the elections, Raut rejected the idea of blaming a single individual.
"We fought as a united MVA. Even a leader like Sharad Pawar, who commands immense respect in Maharashtra, faced defeat. This shows that we need to analyse the reasons behind the failure. One of the reasons is EVM irregularities and the misuse of the system, unconstitutional practices, and even judicial decisions left unresolved by Justice Chandrachud," he said.
Raut stressed that though internal differences might have existed within the MVA, the failure was collective.
He also accused the Mahayuti of conducting the elections in an unfair manner.
"I cannot call the elections fair given the numerous reports of discrepancies in EVMs, mismatched numbers, and vote irregularities across the state," Raut said.
