Marital Rape Controversy: The central government has told the Supreme Court that there is no need to declare marital rape a crime, as other “appropriate punitive measures” exist for it. The Center said that it is not within the jurisdiction of the Supreme Court to declare marital rape a crime.
The central government said that the issue of marital rape is more of a social issue than a legal issue, as it will have a direct impact on society. The Centre said that this issue (marital rape) cannot be decided without proper consultation with all stakeholders or without taking into account the views of all the states.
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Violation of woman’s consent in marriage, but differences on punishment
The Centre acknowledged that the consent of a woman does not end with just marriage and any violation should have punitive consequences. However, the Centre also said that the consequences of such violation within marriage are different from violations outside marriage. The Centre said that there is a constant expectation of proper sexual relations between the husband and wife in marriage, but this does not mean that the husband gets the right to forcibly have sexual relations against the wishes of the wife. The Centre said that punishing the husband under penal laws for such an act may be excessive and disproportionate.
‘Laws have already been made for women’s consent’
The Centre said that Parliament has already made provisions that protect the consent of a woman within marriage. These measures include laws punishing cruelty to married women. Apart from this, the Protection of Women Act, 2005 also exists to provide help to women. The Centre said that sexual relations between husband and wife are only a part of their relationship, and since the protection of the institution of marriage is considered essential in the social and legal context of India, it would not be appropriate for the court to abolish this exception if the legislature considers the protection of the institution of marriage important.
Here are the three reasons the central government provided to the Supreme Court regarding why marital rape should not be declared a crime:
- Marital Rape is a Social Issue, Not a Legal One
The government emphasized that the issue of marital rape is more of a social concern, as it directly impacts society. Proper consultation with all stakeholders and states is required before any legal declaration is made. - Punitive Measures Already Exist
The government stated that appropriate laws already protect women’s consent within marriage, including provisions under cruelty laws and the Protection of Women Act, 2005, which safeguard women’s rights. - Preservation of the Institution of Marriage
The government stressed the importance of the marital institution, suggesting that declaring marital rape a crime without legislative input could undermine the broader relationship between husband and wife, especially in a society where marriage holds significant legal and social value.
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