The Indian government has informed the Supreme Court that it does not support criminalising marital rape, asserting that existing legal provisions already provide adequate protection for married women.
The Centre argued that the criminalisation of marital rape is a more complex social issue that would have broad implications for society and should not be addressed by the courts without extensive consultation with various stakeholders, including state governments.
The government acknowledged that marriage does not imply blanket consent for sexual relations and that a violation of consent within marriage should have legal consequences.
However, it emphasised that the consequences of such violations within a marriage differ from those outside of it.
The Centre expressed concern that applying anti-rape laws to marital situations could be excessive and disproportionate, given that marriage is a multifaceted institution where sexual relations are only one aspect.
To support its stance, the government pointed out that Parliament has already enacted laws to protect the rights of married women, such as those addressing cruelty (Section 498A of the Indian Penal Code) and the Protection of Women from Domestic Violence Act, 2005, which provide safeguards without criminalising marital rape.
The Centre argued that the institution of marriage, especially within India’s socio-legal framework, requires protection, and the responsibility for balancing individual rights and marital expectations lies with the legislature, not the judiciary.
Therefore, it urged the Supreme Court to refrain from striking down the legal exception that excludes marital rape from criminal prosecution.
This submission underscores the ongoing debate about how to address marital consent and sexual violence within the context of marriage in India.
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