Center Defends Marital Rape Exception: Reasonable Sexual Access or Social Concern?

Center Defends Marital Rape Exception: Reasonable Sexual Access or Social Concern?

The most critical legal development that has emerged in the present debate on marital rape and exception to Section 375 of the Indian Penal Code is the response filed by the Indian government before the Supreme Court. The Centre stated that the matter relating to marital rape is more socially complex than it is legally, and thus, the issue calls for a comprehensive dialogue of various stakeholders concerned before any conclusive action is undertaken.Background: Marital Rape Exception in Indian Law Section 375 of the IPC defines rape but provides an exception for sexual intercourse between a husband and wife. In fact, it clarifies that "a man is not guilty of rape if he has non-consensual sex with his wife provided that she is over eighteen years of age.". This provision has been faulted by many as being archaic and fails to recognize the autonomy and rights of a woman in marriage. This is a call made by many legal experts, women's rights activists, and even NGOs that termed it ought to be abolished because it validates non-consensual sex within marriage. Argument of Centre: Social Concern Over Legal Change The center rightly justified the criminalizing of marital rape calling for a more thoughtful approach. It also argued that marriage involves mutual obligations, including reasonable sexual access, and any attempt to criminalise marital rape would upset the sanctity of marriage as an institution. The Centre's submission highlighted that marital rape cannot be considered in isolation as it would have wider social implications. According to the government, a change in law could lead to misuse of the legal provisions by the discontented spouse. The Centre further noted that Indian marriage is in most instances determined by various social, economic, and cultural factors. Any decision in the matter should, therefore, be preceded by wide consultations with stakeholders such as legal experts, social workers, women organizations, and representatives of different communities. In so doing, While the Supreme Court is continuing with its deliberation on the issue, it is the Centre's stand that underscores the much larger debate revolving around marital rape as a technical violation of law or, as a more important matter of social significance deserving more sensitive handling. This judgment promises wide-ranging consequences for the rights of women and the legal construct of marriage in India.the government cautioned that hasty legislative changes could set off unseen ripples both for marriage as an institution and for family structures in India.

Find Lawyers In Your City

Connect with Best Lawyers at your location