Centre Opposes Petitions Criminalising Marital Rape In SC, Says 'Issue More Social One Than Legal'
The Home Ministry in the affidavit, filed through advocate AK Sharma, backed the existing Indian rape law. The Centre said that it is not within the jurisdiction of the SC to criminalise marital rape.
The Centre on Thursday filed an affidavit before the Supreme Court opposing the pleas against the criminalisation of marital rape in the country.
The Union Home Ministry in the affidavit, filed through advocate AK Sharma, backed the existing Indian rape law. The government has said that the issue is more of a social one than being a legal one and added that it has a direct bearing on the society in general, according to a report in Bar and Bench.
The Centre argued that if sexual acts by a man with his own wife is made punishable as rape, it may severely impact the conjugal relationship and lead to serious disturbances in the institution of marriage.
The centre also said that it is not within the jurisdiction of the Supreme Court to criminalise marital rape. "...Even if 'marital rape' is to be criminalised, it is not up to the Supreme Court to do so," the Centre argued, as per news agency PTI.
The government said that a woman's consent is not obliterated by marriage and its violation should result in penal consequences. However, the consequences of such violations within marriage differ from those outside it.
"The (issue) cannot be decided without proper consultation with all the stakeholders or taking the views of all the States into consideration ... the act colloquially referred to as 'marital rape' ought to be illegal and criminalized. The Central Government asserts that a woman's consent is not obliterated by marriage, and its violation should result in penal consequences. However, the consequences of such violations within marriage differ from those outside it," the affidavit stated.