Supreme Court (SC) is to hear petitions challenging Marital Rape Exception (MRE) under Section 375 and Section 63 of the Indian Penal Code and Bharatiya Nyaya Sanhita (BNS), 2023 respectively.
- SC in Joseph Shine Vs Union of India (2018) held that MRE stems from the doctrine of coverture.
Doctrine of Coverture
- Legal doctrine under English common law, that places a married woman under the cover of her husband treating them as a single entity.
- It suspends the very being or legal existence of a woman after marriage.
- In theory, it seeks to pass on her property to the husband, restricting her ability to hold property, enter into contract, etc.