Centre opposes petitions seeking criminalisation of marital rape; says ‘issue more social one than legal’
The Centre has opposed petitions to make marital rape a criminal offense, supporting the existing laws that exempt sexual activity between spouses from prosecution. In its court filing, the Centre stated that in marriage, “there exists a continuing expectations, by either of the spouse, to have reasonable sexual access from the other”.
The Centre made it clear that the husband’s expectations do not give him the right to pressure or compel his wife to engage in sexual activity against her wishes.
The Centre’s response suggested that addressing marital rape is primarily a social matter that needs thorough discussions with different parties before determining any actions.
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Centre contended that marriage is seen as a sacred bond of mutual responsibilities in India
It argued that marriage is seen as a sacred bond of mutual responsibilities in India, where promises are seen as unbreakable. It was mentioned that although women’s consent within marriage is legally safeguarded, the punishment regulations for this issue vary.
“…the sexual aspect is but one of the many facets of the relationships between husband and wife, on which the bedrock of their marriage rests,” it said.
The Center contended that there are enough legal solutions available in current laws for victims of spousal abuse, and eliminating the exception could potentially disrupt the institution of marriage.
The Supreme Court is currently hearing an appeal challenging the divided decision of the Delhi High Court on the legitimacy of Exception 2 to Section 375 of the Indian Penal Code, which excludes husbands from being prosecuted for rape within marriage. In a split decision, the Delhi High Court ruled against the provision, with Justice Rajiv Shakdher deeming it unconstitutional, and Justice C Hari Shankar supporting it.
