Former Chief Justice of India DY Chandrachud on Sunday voiced his "biggest regret" over the immunity granted to husbands in marital rape cases. He said he could not deal with such a case, calling it one of his regrets during his tenure as the head of the judiciary.
Chandrachud said that a woman subjected to non-consensual intercourse cannot complain of marital rape under the current law and that this part of the law should be changed.
"Seventy-five years after Independence, marital rape is still not an offence. A husband who murders his wife is guilty of murder. A husband who grievously assaults his wife is guilty of grievous hurt and can be tried, convicted and sentenced. But a woman who is subjected to non-consensual intercourse cannot complain of marital rape. I think that part of the law has to change," Chandrachud said.
Speaking at the Jaipur Literature Festival in conversation with journalist Vir Sanghvi, Chandrachud said that a marital rape–related case came up just two weeks before his retirement, but he could not deal with it as lawyers representing several parties sought more time to make their submissions.
"The lawyers on one side felt that I was rushing them and that they had not been given enough time to argue. I said I never want to retire with the allegation that I did not give a fair hearing to one side. Therefore, I decided to pass on the matter to others," he said.
Former CJI further said that the judgment allowing live streaming of court proceedings gave him "a great deal of satisfaction".
"I tried to convert the Supreme Court into a people's court. No case was too small for us, and no case was too big," he said.
The Supreme Court allowed the live streaming of its proceedings in 2018.
DY Chandrachud, who served as the 50th Chief Justice of India, retired on November 10, 2024.
