New Delhi. Hearing was held in the Supreme Court today on the petitions demanding to bring marital rape into the category of crime. The top court said that marriage cannot take away the personal autonomy of a person. A woman's freedom or her rights cannot be violated in the name of marriage. Sexual relations without a woman's consent make her a victim. At the same time, the Central Government said that it is the job of the Parliament to bring marital rape under the ambit of crime, the Supreme Court cannot make a law on it. The bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana has directed to list the case for final hearing after three weeks on Wednesday and Thursday.
The Supreme Court asked that unless we take a decision on the issue of constitutional validity, can a person be prosecuted for marital rape under the existing law? On this SG Tushar Mehta said that I do not know who is being called the victim. After this, Justice Bagchi said, a woman who is forced to have sex without her consent is definitely a victim. We will protect the victims. The only question is whether the state considers it rape.
#MaritalRapeException: “Till we take a call on the constitutional validity issue, can a person be prosecuted for marital rape given the law as it stands today?”
– #SupremeCourt asks
Bench: CJI Surya Kant, J Joymalya Bagchi and JV Mohana
SG Tushar Mehta: I don't know who is… pic.twitter.com/IhyCjjNLGt
— Live Law (@LiveLawIndia) September 9, 2026
Solicitor General Tushar Mehta presented arguments in the Supreme Court on behalf of the Central Government. The government is not in favor of making marital rape a crime. The government says that this may affect the stability of the marriage relationship. The Center has suggested that such cases be dealt with under the existing legal provisions. On behalf of the petitioners, senior advocate Karuna Nandi argued in the court that on the basis of marriage, the husband cannot be given freedom to have sexual relations against the will of the wife. The Delhi High Court had given a divided verdict in the marital rape case in 2022, after which the case was brought before the Supreme Court.