Supreme Court's new statue of 'Lady Justice' unveiled without blindfold

Pic/IANS

Chief Justice of India DY Chandrachud has directed changes to the statue of the Goddess of Justice at the Supreme Court. The statue's traditional blindfold has been removed, symbolising transparent justice. Additionally, the sword in her hand has been replaced with a copy of the Constitution, emphasising the primacy of the rule of law over force, reported IANS.

CJI, two other SC judges to hear marital rape case tomorrow

The Supreme Court will begin hearing pleas on Thursday regarding whether a man should retain legal protection for forcing his wife, who is not a minor, to engage in sexual intercourse with him, news agency PTI reported.

A bench comprising Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala, and Manoj Misra announced on Wednesday, October 16, that the hearings will commence on Thursday.

The hearing is significant in light of the Centre's opposition to a plea seeking the criminalisation of marital rape, PTI stated. The Centre has argued that classifying sexual acts by a husband against his wife as "rape" could severely disrupt conjugal relationships and lead to serious challenges within the institution of marriage.

Senior Advocate Karuna Nandy, representing some of the petitioners, brought the pleas to the bench's attention at the end of Wednesday's proceedings, as they could not be addressed during the day.

"Marital rape will be the first matter on the agenda; we will begin tomorrow," stated the Chief Justice.

When Solicitor General Tushar Mehta, representing the Centre, requested a postponement, the Chief Justice replied, "This matter is fixed on the agenda; let us start tomorrow. It has been mentioned several times in the past for urgent hearing."

Under the exception clause of Section 375 of the Indian Penal Code (IPC), which has now been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his wife - provided the wife is not a minor - are not classified as rape.

Even under the new law, Exception 2 to Section 63 (pertaining to rape) states that "sexual intercourse or sexual acts by a man with his own wife, the wife not being under 18 years of age, is not rape."

On 16 January 2023, the Supreme Court (SC) sought the Centre's response regarding a series of petitions challenging the IPC provision that protects husbands from prosecution for forcible sexual intercourse if their wives are adults, PTI stated. On May 17, the court issued a notice to the Centre concerning a similar plea that questioned the BNS provision on this issue.

BNS, along with the Bharatiya Nagarik Suraksha Adhiniyam and the Bharatiya Sakshya Adhiniyam, came into effect on July 1, replacing the IPC, Code of Criminal Procedure, and the Evidence Act, respectively.

"We need to resolve the matters concerning marital rape," the bench stated. The Centre has indicated that the issue carries both legal and social implications.

One of the cases is an appeal filed by a woman following a split verdict by the Delhi High Court on May 11, 2022, regarding this issue. In the split verdict, Justices Rajiv Shakdher and C Hari Shankar agreed to allow the petitioners to appeal to SC, noting that the matter involved substantial questions of law that required a definitive ruling from the highest court.

(With IANS and PTI inputs)