India

Marital Rape: Supreme Court Defers Hearing By 4 Weeks; Know Why

By
OB Bureau

New Delhi: The Supreme Court on Wednesday adjourned for four weeks haring of a batch of petitions seeking criminalisation of marital rape.

The top court said on Wednesday that arguments in the marital rape case are not expected to be completed during the remainder of Chief Justice of India (CJI) D Y Chandrachud’s tenure.

CJI Chandrachud will retire on November 10. Since it happens to be a Sunday, his last working day will be November 8, and he will be followed by Justice Sanjeev Khanna.

During a brief hearing on Wednesday, the three-judge bench of CJI Chandrachud, Justice JB Pardiwala and Justice Manoj Misra noted that if the arguments cannot be completed this week, it would be difficult to decide the matter before the CJI’s retirement as the Supreme Court will go on Diwali holiday next week.

“In view of the time estimate, we are of the view that it would not be possible to complete the hearings in the foreseeable future,” the bench stated in the brief order.

The petitions will be posted before another bench for fresh hearing.

The apex court, which had heard the marital rape matter for one day, on Wednesday asked concerned advocates how much time they would take to complete their submissions.

Senior Advocate Gopal Sankaranarayanan, who appeared for one of the petitioners, said he would take at least a day to complete his submissions.

Solicitor General of India Tushar Mehta, Senior Advocate Rakesh Dwivedi and Senior Advocate Indira Jaising also said they would require a day each.

Senior advocate Karuna Nandy, appearing for one of the petitioners, said she had completed her arguments and stressed on urgency on the matter.

“This is about the millions of women in the country, there is great urgency. Your legacy in all of these very important judgments, this is what it will bring it home to the millions of women,” said advocate Nandy.

Taking into consideration all timelines, the three-member bench adjourned the hearing for four weeks.

OB Bureau

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