Supreme Court to fix marital rape hearing date after Centre’s response
The Supreme Court of India has deferred setting a hearing date for petitions seeking the criminalization of marital rape until the central government files its formal response. The court is examining the constitutional validity of the current legal exception that excludes sexual acts within marriage from the definition of rape.
Why it matters
This is a landmark legal issue concerning women's rights, bodily autonomy, and the interpretation of criminal law in India.
The Supreme Court on Monday (September 7, 2026) said it will await the stand of the central government on a batch of petitions concerning the criminalisation of marital rape before fixing a suitable date for hearing on the issue.
Senior advocate Indira Jaising mentioned a petition related to the prosecution of a husband for martial rape before a three-judge bench headed by Chief Justice Surya Kant, urging that the batch be listed for a date in November.
Ms. Jaising, who appeared for the wife, said although the matters are scheduled to come up for hearing on Wednesday (September 9), the Centre was yet to file a substantive reply and that the parties were also yet to exchange the petitions.
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