What the law says

Exception 2 of Section 375: Sexual intercourse by a man with his own wife, the wife not being under eighteen years of age, is not rape

HOW THE CASE HAS PROGRESSED SO FAR

2015: A bunch of PILS urged the Delhi high court to strike down the exception on the grounds that it discriminated against married women

2017: The Union government, replied in Delhi HC in 2017, that it must be ensured marital rape does not destabilise the institution of marriage

The top court interfered with the exception but only to the extent that it protected husbands from prosecution if the wife was not below 15 years. The court read down the exception clause to hold that a wife must not be below 18 for the immunity to operate. It clarified that no opinion was being rendered on the issue of marital rape. 2022: When the HC commenced final hearing, the Centre resiled from its 2017 stand.

On February 7, the HC gave the government till February 21 to make its position clear. On February 21, With the Centre seeking more time, the high court, reserved its judgment