New Delhi: The Indian government has opposed petitions in the Supreme Court seeking to criminalize marital rape, stating that such a move would be “excessively harsh.” The federal Home Ministry emphasized that while a man does not have a fundamental right to force sex on his wife, existing laws are adequate to protect married women against sexual violence.
The Supreme Court is currently reviewing petitions aimed at amending a British-era law that exempts men from prosecution for rape within marriage. A recent government survey indicated that one in 25 women have experienced sexual violence from their husbands, highlighting the prevalence of domestic violence in India.
Marital rape is illegal in over 100 countries, including the UK, which criminalized it in 1991. However, India remains one of around 36 countries where the law continues to allow such exemptions. Petitions have sought to challenge Section 375 of the Indian Penal Code, established in 1860, which includes an exemption for husbands, provided their wives are not minors.
Advocates argue that in modern society, the notion that consent is inherently given within marriage is outdated, and forced sex is rape regardless of the circumstances. International organizations like the United Nations, Human Rights Watch, and Amnesty International have raised concerns about India’s failure to criminalize marital rape.
The government’s response, presented in a 49-page affidavit, suggests that criminalizing marital rape could disrupt the institution of marriage. It claims that marriage entails a “continuing expectation” of sexual access, and applying anti-rape laws in this context could be disproportionately harsh. The Home Ministry reiterated that the issue is more social than legal, suggesting it should be left to Parliament to address.
As the Supreme Court continues to hear arguments on this contentious issue, it reflects the broader societal struggle regarding women’s rights and the definition of consent in marriage.
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