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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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
