Central government is not in favor of considering marital rape as a crime

New Delhi: The Central Government in its reply to the Supreme Court on Thursday said that marital rape is not a legal but a social issue. There is a need for consultation with wide stakeholders to reach a decision. There are adequate provisions for women in existing laws. Marriage is an institution of mutual obligations.

The Center argued that marriage in India is considered an institution of mutual obligations, where vows are considered irrevocable. The consent of women within marriage is statutorily protected, but the penal provisions governing it are different. Adequate remedies are also available in other laws for a woman who is a victim of marital rape. Removing exception 2 of Section 375 will adversely affect the institution of marriage.

The Center supported the existing Indian rape law, which makes it an exception for sexual relations between husband and wife. The Center said that this issue is more social than legal, which has a direct impact on the general society. Even if marital rape is declared a crime, the Supreme Court cannot interfere in it. Only the government can decide on this.

In fact, the apex court is currently considering an appeal against the split verdict of the Delhi High Court on the validity of Exception 2 of Section 375 of the Indian Penal Code in the marital rape case. Last year, the Supreme Court had sought a response from the Central Government on an appeal against the split verdict of the Delhi High Court in the marital rape case related to the validity of Exception 2 of Section 375 of the Indian Penal Code (IPC).

The petitioners, including activist Ruth Manorama, have argued that the exception has weakened the consent of women to have sex and violated bodily integrity, autonomy and dignity. Justice Rajiv Shakdher of the Delhi High Court had struck down the provision as unconstitutional, while Justice C Harishankar upheld it. In July, the Supreme Court also stayed the March 23 decision of the Karnataka High Court, which refused to dismiss the rape charge under Section 376 of the IPC against a man accused of raping and forcibly having sex with his wife.