With reference to marital rape laws in India, consider the following statements: 1. Over 130 countries have already criminalized marital rape. 2. The first petitions regarding marital rape were filed in the Bombay High Court in 2015. 3. A split verdict in 2022 led to the escalation of the issue to the Supreme Court. Which of the statements given above is/are correct?

Supreme Court to Scrutinize Marital Rape Laws as 130 Countries Have Already Criminalized It

GS2Polity · Governance · IR· Vulnerable sections (SC/ST, minorities, disabled, elderly, children)· Prelims + Mains· 9 September 2026

Bodily autonomy and gender justice: a key GS2 case study on legal reform and constitutional rights.

Why in news

The Supreme Court is set to scrutinize the constitutional validity of exceptions to marital rape laws as petitions challenge the current legal framework.

Background

A Bench led by Chief Justice Surya Kant will examine if prosecution for marital rape can occur despite existing exceptions. The Centre argues that criminalizing marital rape is a legislative matter and could dismantle marriage institutions.

Facts for Prelims

FactOver 130 countries have already criminalized marital rape.
PlaceThe first petitions regarding marital rape were filed in the Delhi High Court in 2015.
FactA split verdict in 2022 led to the escalation of the marital rape issue to the Supreme Court.

Prelims practice question

With reference to marital rape laws in India, consider the following statements:

Over 130 countries have already criminalized marital rape.
The first petitions regarding marital rape were filed in the Bombay High Court in 2015.
A split verdict in 2022 led to the escalation of the issue to the Supreme Court.

Which of the statements given above is/are correct?

(a)3 only
(b)1 and 2 only
(c)1 and 3 only
(d)1, 2 and 3

Show answer

Answer: (c) 1 and 3 only — Statements 1 and 3 are correct. Statement 2 is incorrect: The first petitions were filed in the Delhi High Court.

For Mains

Q. Critically analyze the constitutional validity of the marital rape exception and its implications on the rights of women within the institution of marriage.

Dimensions to cover in your answer

Constitutional conflict: Right to bodily autonomy vs. the sanctity of the institution of marriage
Legislative vs Judicial domain: Debate over whether criminalization requires parliamentary action or judicial interpretation
Legal evolution: Transition from colonial-era legal frameworks to contemporary human rights standards

Keywords: Bodily autonomy · Constitutional validity · Legislative competence · Gender justice · Legal reform

Read the full news →Report a mistake in this note Source: NDTV ↗Also: GS2 · Constitution, amendments & basic structure Also: GS1 · Women & gender issues

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