Central government against considering marital rape as a crime, told the Supreme Court - it is more social than legal
Centre to Supreme Court On marital rape: The Central Government on Thursday told the Supreme Court that the abolition of Exception 2 of Section 375 of the IPC based on constitutional validity would have a far-reaching effect on the institution of marriage. The Center told the Supreme Court that this could have a serious impact on marital relations and cause serious disruption in the institution of marriage.
On Thursday, the Central Government has filed an affidavit for opposing the petitions that were seeking to declare marital rape a crime in India in the Supreme Court. The Center said that sexual relations are one of the many aspects of the relationship between husband and wife, on which the foundation of their marriage rests.
The Central Government, while laying emphasis, said that it is more of a social issue rather than a legal one, as it directly affects the very society as a whole. Next to this, the Center also contended if 'marital rape', too, is declared criminal, then it is not within the jurisdiction of the Supreme Court to do so.
The Centre told the Supreme Court that in the fast-growing and constantly changing social and family structure, the misuse of the amended provisions cannot be ruled out as it would be challenging for a person to prove whether there was consent for the relationship or not.
Procreation in marriage expected of a spouse does not give one's spouse the right to forcefully have sexual relations against a wife's will. The Centre said punishing a person for such an act under anti-rape laws might be discordant.
As such, Parliament has already provided the measures to safely guard the consent of a married woman. The Centre mentioned that this includes penal laws for cruelty against married women. "The Protection of Women from Domestic Violence Act 2005 is a legislation which could help married women.
