The Central Government has filed an affidavit opposing the criminalisation of marital rape in the Supreme Court, stating that such a move could have serious implications for the institution of marriage in India. The Centre argued that sexual acts between a husband and wife should not be classified as “rape” under the law, as it could severely impact conjugal relationships and lead to disturbances within marriages.
As reported by The Economic Times, the affidavit was submitted in response to petitions urging the court to reconsider the immunity husbands enjoy under the current laws, which exempt them from being prosecuted for rape if the wife is not a minor. The government’s submission stated that this is a complex social issue that should not be viewed purely through a legal lens. It highlighted the importance of consulting all stakeholders and considering the broader societal consequences before making any changes to the law.
The Centre argued that the institution of marriage requires careful handling and that the current exceptions to marital rape in the law are designed to preserve this institution. The affidavit warned that striking down the legal exemptions would have a “far-reaching effect” on society and the family structure. Furthermore, the government expressed concerns about the potential for misuse of such laws, particularly when it comes to proving consent in intimate relationships within a marriage.
While reaffirming its commitment to protecting the rights and dignity of women, the government maintained that the criminalisation of marital rape could be disproportionately harsh. It emphasized the need for a comprehensive, multi-dimensional approach to the issue, involving consultations with state governments and other stakeholders, rather than a narrow legal interpretation.
The case is part of a larger debate on women’s rights, marital consent, and the evolving nature of legal protections in India. The Supreme Court is currently examining the petitions to decide whether the immunity granted to husbands under current laws should be repealed or modified.
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