“No Need To Criminalise Marital Rape”: Centre To Supreme Court

The Centre said the issue of marital rape is a more social issue than a legal one, as it will have a direct effect on society.

This issue (marital rape) cannot be decided without proper consultation with all stakeholders or without taking into account the views of all states, the Centre said.

While the Centre accepted that marriage does not end the consent of a woman and any violation should result in penal consequences, it, however, added the consequences of such violation within a marriage are different from violation outside marriage.

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In a marriage, there is a continuing expectation of proper sexual relations from one’s spouse, but such expectations do not give a husband the right to force his wife to have sex against her will. The Centre said punishing a person under anti-rape laws for such an act may be excessive and disproportionate.

Parliament has already provided measures to protect the consent of a married woman within marriage. These measures include laws penalising cruelty to married women, the Centre said. The Protection of Women from Domestic Violence Act, 2005 is another law that can help married women.

The sexual aspect is only one of the many aspects of the relationship between a husband and wife on which the foundation of their marriage rests, and given the nature of the institution of marriage in India’s socio-legal milieu, if the legislature is of the view that the protection of the institution of marriage is essential, then it would not be appropriate for the court to strike down the exception,” the Centre said.