Centre Tells Supreme Court: No Need to Criminalise Marital Rape

The Indian government has informed the Supreme Court that there is no necessity to criminalise marital rape, citing the existence of other “suitably designed punitive measures.” The Centre emphasized that the authority to criminalise marital rape does not fall within the jurisdiction of the Supreme Court, framing the matter as primarily social rather than legal.

In its statement, the Centre noted that the issue of marital rape should not be addressed without comprehensive consultation with all stakeholders, including diverse state viewpoints. While acknowledging that marriage does not negate a woman’s right to consent and that any violation should incur legal repercussions, the Centre argued that the implications of such violations within a marriage differ significantly from those outside of it.

The government elaborated that, within the context of marriage, there is a continuing expectation of mutual sexual relations between spouses. However, it asserted that such expectations do not grant a husband the right to coerce his wife into sex against her will. The Centre posited that applying anti-rape laws to penalize such actions might be excessive and disproportionate to the circumstances.

The Centre pointed out that Parliament has already enacted measures to safeguard the consent of married women. These include laws addressing cruelty toward married women, suggesting that existing legislation provides sufficient protection. Additionally, the Protection of Women from Domestic Violence Act, enacted in 2005, serves as another legal framework aimed at assisting married women.

The government further contended that the sexual aspect of marriage is just one dimension of the relationship between husband and wife, which is foundational to the institution of marriage. Given the unique socio-legal context of marriage in India, the Centre argued that if the legislature believes that safeguarding the institution of marriage is crucial, it would be inappropriate for the court to annul the legal exception surrounding marital relations.

The debate over marital rape in India has garnered significant public attention, with various advocacy groups calling for its criminalisation to protect women’s rights. The government’s stance highlights a complex intersection of legal, social, and cultural factors that influence perceptions and regulations regarding marriage and consent in the country.

As discussions continue, the Supreme Court’s ruling will play a critical role in shaping the legal landscape surrounding marital rape in India, with implications for women’s rights and societal norms regarding marriage and consent.