GUWAHATI: The Central government has argued against the need to criminalise marital rape in the Supreme Court.
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The Central government has argued against the need to criminalise marital rape, stating that the issue requires a nuanced social approach rather than just a legal one.
In a significant submission to the Supreme Court, the Centre has emphasised that there are already existing legal provisions to address violations of consent within a marriage. It maintained that further criminalization may have wider societal implications.
The Centre also acknowledged that marriage does not nullify a woman's right to consent and agreed that any violation of consent within marriage should attract legal consequences. However, it argued that such violations within the institution of marriage differ from those outside of it, due to the "continuing expectation of proper sexual relations" between spouses.
The submission further went on to add that while a husband does not have the right to force his wife into sexual activity, punishing him under anti-rape laws would be excessive and disproportionate.
The Centre urged that the decision on criminalizing marital rape lies with the Parliament, which is better positioned to assess its potential impact on Indian society and the institution of marriage.
Lastly, the submission also highlighted existing laws, such as the ‘Protection of Women from Domestic Violence Act, 2005,’ and other penal provisions addressing cruelty within marriage, which the Centre believes adequately safeguard women's rights. The government emphasised that marital relationships are complex, encompassing multiple aspects beyond the sexual dimension.
