On marital rape, Supreme Court asks if courts can prosecute what State does not define as ‘rape’
The Supreme Court of India is examining whether courts can prosecute marital rape when the current penal law explicitly exempts it. The bench questioned the constitutional validity of overriding statutory exemptions through judicial intervention.
Why it matters
This case addresses the tension between judicial activism and legislative authority regarding gender-based violence and legal definitions of rape.
The Supreme Court on Wednesday (September 9, 2026) guaranteed safety and security to sexually abused married women, but questioned whether courts can direct rape prosecutions against husbands when the penal law exempts marital rape from criminal liability.
A three-judge Bench headed by Chief Justice of India (CJI) Surya Kant gave voice to a critical dilemma about constitutional courts going out on a limb to endorse criminal prosecution of husbands on a presently non-existent crime.
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