Marital Rape: Marital rape does not need to be considered a crime! Affidavit of the Center in the Supreme Court Achi-News

New Delhi: The central government has announced its position on marital rape. The central government opposed the criminalization of sexual violence. The central government has asked the Supreme Court not to include such incidents in the list of crimes. The Center presented three arguments as reasons.

The central government said in its affidavit in the Supreme Court that there is no need to criminalize sexual violence. Because in this case the appropriate punishment system is already underway. In addition, the central government has also declared that the Supreme Court has no jurisdiction to criminalize sexual violence.

In this regard, the Union Home Ministry feels that the existing anti-rape law is sufficient. There are exceptions to that law for married relationships. The Center said in the affidavit that this issue is more social than legal. It has a direct impact on society. Therefore, if sexual violence must be identified as a crime, the Center feels that it is not right for the Supreme Court to do so.

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Opposing the criminalization of marital rape, the central government told the court that marriage is treated as an institution in countries like India. There are mutual obligations associated with it. The promise made by the husband and wife around Satpaka cannot be broken in any way. Women’s consent to marriage is legally protected. But the question of bringing penal provisions is quite different.

The Center also states that there are certain expectations regarding sexual relations by a partner in a marital relationship. That is why the husband cannot force the wife against her will. But the punishment in the law for rape is somewhat excessive and inconsistent. There are laws to prevent cruelty to married women, to prevent domestic violence, which, according to the Centre, are quite useful.

In the affidavit, the Center said, “No decision can be taken in this regard without consulting all the states and departments concerned.” According to the central government, the importance of a woman’s opinion does not diminish when she gets married, but such claims even after marriage have a different effect.

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