October 23, 2024: In a significant move, the Supreme Court of India, led by Chief Justice DY Chandrachud, has adjourned the high-profile hearings on the controversial issue of marital rape immunity, granting a four-week deferment as the Chief Justice prepares for his retirement on November 10. This decision comes as the bench, which includes Justices JB Pardiwala and Manoj Misra, determined that they would not be able to conclude the hearings in time.
During today’s proceedings, the court heard from several senior advocates, including Sankarnarayanan and Tushar Mehta, each requesting at least one day to present their submissions. Chief Justice Chandrachud noted the extensive time required for arguments from all parties involved, including intervenors and respondents, making it clear that a timely resolution was not feasible.
The case has gained widespread attention due to the recently enacted Bharatiya Nyaya Sanhita, which provides husbands with immunity from prosecution for rape unless their wives are minors. This legislation has sparked a fierce debate about the legal and social implications of marital rape in India. The Centre has argued against criminalizing marital rape, suggesting it is primarily a social issue with significant societal repercussions.
During the hearing, Senior Advocate Karuna Nundy emphasized the importance of the case for millions of women, implying that the Chief Justice’s legacy would be defined by his handling of such critical issues. Solicitor General Tushar Mehta responded, acknowledging the importance of the Chief Justice's legacy without needing further emphasis on it.