GNLU Students Challenge Restitution of Conjugal Rights Laws in Supreme Court

Two GNLU students have filed a PIL in the Supreme Court challenging the constitutionality of laws on restitution of conjugal rights.

They question Section 9 of the Hindu Marriage Act, Section 22 of the Special Marriage Act, and Order 21 Rules 32 and 33 of the CPC, arguing these violate Articles 14, 15(1), and 21 of the Constitution.

The petitioners say these provisions, though gender-neutral, disproportionately burden women and infringe on privacy, autonomy, and dignity. They also cite the colonial roots of these laws and note that the UK scrapped similar provisions in 1970.

The Supreme Court has agreed to hear the case.