The Indian government has opposed criminalizing marital rape, claiming it would be “excessively harsh” and disrupt the sanctity of marriage. Under current law, husbands cannot be charged with rape if their wives are over 18, a remnant of colonial-era legislation.
This position represents a setback for advocates fighting to change these outdated laws, reflecting the country’s struggle against prevalent sexual violence. Activists argue that existing protections are inadequate, with many women remaining trapped in abusive situations without legal recourse.
The government insists that the institution of marriage relies on an expectation of sexual access, which contradicts the notion of consent. Critics highlight that without recognizing marital rape as a crime, societal acceptance of such violence persists.
As the Supreme Court deliberates on this significant issue, advocates emphasize that changing the law is a vital first step toward fostering a cultural shift regarding women’s rights.
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