Supreme Court to decide legality of India’s marital rape exception
Updated
Updated · Hindustan Times · May 8
Supreme Court to decide legality of India’s marital rape exception
15 articles · Updated · Hindustan Times · May 8
The case, Hrishikesh Sahoo v. Union of India, challenges Exception 2 to Section 375 of the IPC as violating married women’s fundamental rights.
The Centre argues criminalising marital rape could destabilise marriage, be misused and is unnecessary because domestic violence and other laws already provide remedies.
Campaigners say those laws misclassify rape within marriage, while technology is enabling abuse through filming and online circulation of assaults, complicating enforcement and intensifying calls for repeal.
As technology amplifies marital abuse, will India's Supreme Court finally grant wives the absolute right to say no?
When a TV show on marital rape gets millions of views, can pop culture change society faster than law?
How can tech giants stop the spread of assault videos when their platforms are designed for viral sharing?
India’s Marital Rape Exception on Trial: Supreme Court Showdown, Legal Arguments, and Societal Impact (2026)
Overview
As of May 2026, the marital rape exception (MRE) in India is under intense debate and judicial review. The current law treats married and unmarried women differently in cases of sexual assault, leading to unequal outcomes for women's autonomy based solely on marital status. This differentiation is argued to violate fundamental rights. The Supreme Court is actively considering the issue in the Hrishikesh Sahoo case, which is expected to clarify the constitutional validity of the MRE. Meanwhile, the Union government continues to support retaining the exception, keeping the legal and social landscape in flux.