NEW DELHI: The central government expressed its opposition to the criminalization of marital rape during proceedings in the Supreme Court on Thursday. The government argued that the issue requires a “comprehensive approach” rather than a “strict legal approach,” citing potential far-reaching socio-legal implications for the country.
The Centre warned that classifying sexual acts by a husband against his wife as “rape” could significantly disrupt marital relationships and destabilize the institution of marriage. In its preliminary counter affidavit, the government emphasized that the matter is not only constitutional but also fundamentally social, noting that Parliament has previously taken a stance on the issue after considering various opinions.
In 2013, Parliament chose to retain Exception 2 to Section 375 of the Indian Penal Code (IPC) during amendments. The affidavit stated that while the government acknowledges that a woman’s consent is not voided by marriage, the consequences of violations differ within the marital context compared to other relationships.
The Centre highlighted that Parliament has established various remedies, including criminal law provisions, to safeguard consent within marriage. It argued that if the legislature believes retaining the exception is necessary for preserving the institution of marriage, it would be inappropriate for the court to overturn that decision.
The government further contended that applying the legal definition of “rape” to marriage could be excessively harsh and disproportionate. It asserted that while a husband does not have a fundamental right to violate his wife’s consent, the distinct nature of marital relationships warrants a different legal approach. The affidavit noted that if the legislature decides to exempt husbands from such charges, that decision should be respected, particularly when alternative legal remedies exist.
In a notable 2022 ruling, the Supreme Court recognized marital rape in the context of unwanted pregnancy for abortion, affirming that the Medical Termination of Pregnancy (MTP) Act encompasses acts of sexual assault or rape by a husband against his wife.
