Pleas seeking criminalisation of marital rape: HC verdict likely on May 11

While rejecting the Centre’s request for more time to respond afresh to the petitions, the court had reserved its verdict in the case on February 21.

The Centre, which did not make any oral arguments in the case this year, had told the court that its written stand of 2017 should not be treated as final, as it wants to first hold consultations with stakeholders on the subject. However, the division bench of Justices Rajiv Shakdher and C Hari Shankar had said that it cannot “let the matter hang like this”, and told the government that its consultation process can go on.

On February 7, the court had granted two weeks to the Centre to clarify its stand in the matter, which has remained pending since 2015. Although the government had replied to and opposed the petitions in 2017, in January it asked the court to defer the proceedings in the case to await the outcome of its consultation on the subject with states and other stakeholders.

The government said that it wants to place a fresh stand on record before the court after holding consultations.

On 23 dates between January 7 and February 21 this year, the court heard the petitions challenging Exception 2 that protects men who have forced non-consensual intercourse with their wives from criminal prosecution under IPC Section 376. The bench heard the arguments on behalf of petitioners, the intervenors opposing the pleas, and submissions of the amicus curiae.

Undertaking to provide a time-bound schedule within which it will carry out the consultative process on the issue, the Centre had said that the matter has been pending since 2015 and if the court waits for such “fruitful exercise” for some time, no prejudice would be caused, and that it will be possible for the government to assist the court meaningfully.