SC to hear pleas against laws granting immunity to husbands in marital rape

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Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his