SC to hear pleas against laws granting immunity to husbands in marital rape cases
New Delhi (PTI): The Supreme Court has said it listed for Tuesday pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said the pleas were already "listed tomorrow" and they would be taken up after some part-heard cases.
The pleas for early listing were mentioned by senior advocate Karuna Nundy, appearing for a litigant in the case.
On September 18, senior advocate Indira Jaising, appearing for one of the litigants, mentioned that the pleas needed to be heard urgently.
The top court on July 16 agreed to list for hearing the pleas on the legal question. The Chief Justice had indicated that the cases might be taken up on July 18.
Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.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 top court on January 16, 2023, sought the Centre's response on a clutch of petitions assailing the IPC provision, which provides protection to a husband against prosecution for forcible sexual intercourse if the wife is an adult.
On May 17, it also issued a notice to the Centre on a similar plea challenging the BNS provision on the issue.
The BNS, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam came into effect from July 1, replacing the IPC, Code of Criminal Procedure (CrPC) and the Evidence Act, respectively.
"We have to resolve the matters concerning marital rape," the bench had said.
The Centre earlier said the issue had legal as well as social implications, and the government would like to file its response to the petitions.
One of the pleas is related to a Delhi High Court split verdict of May 11, 2022, on the issue.
The appeal has been filed by a woman, who was one of the petitioners before the high court.
While delivering a split judgment, Justice Rajiv Shakdher and Justice C Hari Shankar concurred on granting the petitioners a certificate of leave to appeal in the Supreme Court as the matter involved substantial questions of law, which required a decision by the top court.
While Justice Shankar, who headed the division bench, favoured striking down the marital rape exception for being "unconstitutional" and said it would be "tragic if a married woman's call for justice is not heard even after 162 years" since the enactment of the IPC, he said the exception under the rape law was not "unconstitutional and was based on an intelligible differentia".
The concept of intelligible differentia distinguishes people or things grouped together from those that are left out.
Another plea has been filed by a man against a Karnataka High Court verdict that paved the way for his prosecution for allegedly raping his wife.
Karnataka High Court had on March 23 last year said exempting a husband from allegations of rape and unnatural sex with his wife ran against Article 14 (equality before law) of the Constitution.
The set of pleas are PILs filed against the IPC provision and have challenged the constitutionality of the marital rape exception under Section 375 (rape) of the IPC on grounds that it discriminates against married women who are sexually assaulted by their husbands.
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Four doctors in Kerala booked for birth of newborn with genetic disorders
Alappuzha, (Kerala) (PTI): Four doctors in Kerala have been booked for allegedly failing to detect genetic disorders in a newborn while it was still in the mother's womb, the police said on Thursday.
The accused include two female doctors attached to the Kadappuram Government Women and Child Hospital in Alappuzha, along with two doctors from private diagnostic labs, according to the Alappuzha South police.
The police registered an FIR on Tuesday based on a complaint lodged by Anish and Surumi, a couple from Alappuzha.
They alleged that the doctors failed to detect or disclose the genetic abnormalities during prenatal scans, instead assuring them that the reports were normal.
The couple also claimed that they were shown the baby only four days after delivery, according to the complaint.
The FIR stated that Surumi, 35, was undergoing treatment for her third pregnancy at Kadappuram Women and Child Hospital.
On October 30, Surumi was admitted for delivery. However, she was referred to Government Medical College Hospital (MCH) in Vandanam, Alappuzha, citing the absence of fetal movement and heartbeat, the FIR said.
On November 8, the baby was delivered following surgery at MCH and was found to have severe internal and external deformities, the FIR stated.
Meanwhile, one of the accused doctors, responding to the allegations, said she had treated Surumi only during the initial months of her pregnancy.
"I provided care for three months at the beginning of her pregnancy. The reports shown to me indicated issues with the fetus's growth," she said.
The doctors associated with the diagnostic labs, however, maintained that there were no errors in the scan reports.
The police registered a case invoking Sections 125 (act endangering life or personal safety of others), 125 (b) (where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both) of Bharatiya Nyaya Sanhita (BNS) against the accused.
