Marital Rape in India: Government Opposes Criminalization
The Indian government has recently submitted an affidavit to the Supreme Court opposing the criminalization of marital rape. The central government argues that making marital rape punishable as “rape” would be “excessively harsh” and could disrupt the institution of marriage.
The government asserts that a woman’s consent is not obliterated by marriage, and its violation should result in penal consequences. However, the consequences of such violations within marriage differ from those outside it. The Centre emphasizes that Parliament has provided different remedies, including criminal law provisions, to protect consent within marriage, such as the Protection of Women from Domestic Violence Act, 2005, and other sections of the Indian Penal Code.
The government’s stance is based on the potential far-reaching socio-legal implications of criminalizing marital rape. It warns that striking down the marital rape exception could lead to serious disturbances in the institution of marriage and impact the conjugal relationship.
Despite these arguments, the issue remains contentious, with some states and organizations opposing the retention of the marital rape exception. The case continues to be heard by the Supreme Court, with ongoing debates and legal challenges.
