Ex-CJI Chandrachud Calls For End to Marital Rape Immunity

Former Chief Justice of India DY Chandrachud on Sunday said his biggest regret during his tenure was being unable to address the issue of marital rape, calling the legal immunity granted to husbands a matter that urgently needs reform.

Speaking at the Jaipur Literature Festival during a conversation with journalist Vir Sanghvi, Justice Chandrachud said the current law does not allow a woman subjected to non-consensual intercourse by her husband to file a complaint of marital rape, despite other forms of domestic violence being criminalised.

“Seventy-five years after Independence, marital rape is still not an offence,” Chandrachud said. He pointed out that while a husband can be prosecuted for murder or grievous assault against his wife, the same legal framework denies women protection in cases of sexual violence within marriage.

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The former Chief Justice emphasised that this inconsistency in the law is unjust and must be addressed. “A woman who is subjected to non-consensual intercourse cannot complain of marital rape. I think that part of the law has to change,” he said.

Chandrachud also revealed that a case related to marital rape had come before the Supreme Court just two weeks before his retirement. However, the matter could not be taken up, as lawyers representing multiple parties sought additional time to present their arguments.

Reflecting on the moment, he described the inability to engage with the case as a missed opportunity and a personal regret, underlining the need for legislative reform to ensure greater legal protection for women.

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