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Supreme Court to schedule marital rape hearing after government response

The Supreme Court's three-judge bench headed by Chief Justice Surya Kant is expected to fix a hearing date for marital rape petitions following the Centre's submission. Senior advocate Indira Jaising has urged the court to list the matter for hearing in November.

LSN India · 7 September 2026

Supreme Court to schedule marital rape hearing after government response

A three-judge bench of the Supreme Court led by Chief Justice Surya Kant is set to determine when it will hear crucial petitions challenging India's marital rape exemption following the Centre's response to the court's queries.

Senior advocate Indira Jaising, who is representing petitioners in the matter, requested the bench to schedule the hearings for November, indicating the government's submission may now clear the way for substantive arguments on the contentious issue.

The petitions seek to strike down Section 375 of the Indian Penal Code, which exempts non-consensual sexual acts between spouses from the definition of rape. Advocates and women's rights groups have long argued the exemption violates constitutional guarantees of equality and dignity.

The bench's decision to fix a hearing date following the Centre's response represents a procedural step forward in a case that has remained pending before the courts for several years. The timing of the November hearing, if approved, would allow the court to examine detailed submissions from all parties before the year ends.

The marital rape exemption has faced mounting legal and social scrutiny in India, with multiple petitions filed challenging its constitutional validity on grounds of gender equality and individual rights.