‘No need to criminalise marital rape’: Centre to Supreme Court
It argued that the matter is more of a social issue than a legal one and that criminalisation falls outside the court's jurisdiction.
The Centre has informed the Supreme Court that there is no need to criminalise marital rape, as existing laws already provide sufficient punitive measures to address the issue. It argued that the matter is more of a social issue than a legal one and that criminalisation falls outside the court’s jurisdiction. The Centre believes that any decision on the subject should be made after consulting all stakeholders, including state governments.
Criminalise marital rape: A social issue, says the centre
The Centre acknowledged that marital rape is a serious issue but argued that it has broader social implications. According to the government, criminalising marital rape without considering the views of all states and affected parties could have far-reaching consequences for society. The government also stressed that the issue cannot be resolved solely by legal means, and a proper consultation process is necessary.
Existing legal provisions address marital issues
In its argument, the Centre pointed to existing laws that protect married women from abuse. It referred to the Protection of Women from Domestic Violence Act, 2005, and other provisions in the Indian Penal Code (IPC) that penalise cruelty towards married women. The Centre maintained that these measures are sufficient to address violations of consent within marriage. However, it admitted that any violation of a woman’s consent, even in marriage, should lead to penal consequences.
Legal framework surrounding marital rape in India
Marital rape, as defined under Indian law, is not treated as a crime. Exception 2 to Section 375 of the Indian Penal Code exempts sexual intercourse between a husband and wife from being classified as rape, provided the wife is above the age of 15. The law presumes that a wife has given perpetual consent for sexual relations with her husband by entering into the marriage. This concept of “implied consent” forms the legal basis for the non-criminalisation of marital rape in India.
The Center argued that marriage involves a continuing expectation of sexual relations between spouses, but this does not give the husband the right to force his wife into non-consensual sex. However, the government believes that punishing a husband for this act under anti-rape laws may be “excessive” and “disproportionate.” Instead, the Center emphasised that Parliament has already put in place laws to protect a woman’s consent within marriage.
The Center stated that the court should not interfere with the legal exception for marital rape. It highlighted the need for legislative consideration of the issue, suggesting that any changes in the law should come through Parliament rather than the judiciary. The government believes that protecting the institution of marriage is crucial and that legal interventions must balance the social, legal, and cultural aspects of marriage in India.
This development has sparked a wider debate on whether the non-criminalisation of marital rape is justified, with various activists and organisations calling for reforms to protect the rights and dignity of married women in India.
You might also be interested in – Controversy breaks over ‘cry of the hour’ statue of rape victim at Kolkata hospital
