Deepshikha Maan, Jadetimes Staff
D. Maan is a Jadetimes news reporter covering Asia
India’s Government Opposes Criminalizing Marital Rape in Supreme Court
The Indian government has strongly opposed petitions calling for the criminalization of marital rape, arguing that such a move would be "excessively harsh" and could disrupt the institution of marriage. This stance was presented by the Ministry of Home Affairs in its affidavit submitted to the Supreme Court.
Government's Argument: Sufficient Legal Protections for Women Exist
The government asserts that while a husband has no inherent right to force sexual relations on his wife, the current legal framework already provides adequate protection for women in cases of sexual violence within marriage. According to the Ministry, laws dealing with domestic violence, sexual harassment, and assault are sufficient to safeguard the rights of married women without the need for further amendments.
Colonial Era Law Under Review
The Supreme Court is currently hearing petitions aimed at amending Section 375 of the Indian Penal Code, a British era law dating back to 1860. This section of the law states that a man cannot be charged with rape if the victim is his wife, except when the wife is a minor. The petitioners argue that this exception is outdated and that forced sexual intercourse, regardless of marital status, should be treated as rape.
Prevalence of Marital Rape and Calls for Change
According to government surveys, marital violence, including sexual abuse, is widespread in India. Statistics indicate that one in 25 married women has experienced sexual violence at the hands of her husband. Campaigners argue that forcing sexual relations is unacceptable, regardless of whether the individuals are married, and are pushing for the law to reflect this stance. Marital rape has been outlawed in over 100 countries, but India remains among a minority of nations, along with countries like Pakistan and Afghanistan, where it is not recognized as a crime.
Opposition from Religious and Men's Rights Groups
Despite growing calls for reform, many religious organizations and men’s rights activists have voiced opposition to criminalizing marital rape. They argue that marriage inherently implies sexual consent, and that allowing a wife to withdraw consent at a later stage could destabilize marriages. The government's affidavit echoes this concern, suggesting that criminalization could lead to "serious disturbances" in marital relationships and could negatively affect the "conjugal bond."
Contradictory Court Rulings and Legislative Responsibility
Indian courts have issued conflicting rulings on the matter, with some cases allowing husbands to be prosecuted for rape, while others have dismissed such charges. The case reached the Supreme Court after the Delhi High Court delivered a split verdict on the issue in 2022. The government, however, insists that any policy decision on criminalizing marital rape should be left to Parliament, rather than being dictated by the courts.
Marriage as a Social Institution
The Ministry of Home Affairs emphasized in its affidavit that marriage is not just a legal contract but a "social institution" that encompasses a complex set of rights, obligations, and expectations. It argued that criminalizing marital rape could disrupt this balance and be disproportionate in its impact. While it acknowledged that no spouse has the right to coerce the other, it maintained that the issue should be dealt with through existing legal mechanisms rather than a new criminal law.
Ongoing Debate in a Patriarchal Society
The Supreme Court continues to hear arguments from both sides, as the issue of marital rape is deeply tied to India's traditional and patriarchal societal norms. The government’s position reflects these deeply ingrained cultural beliefs, while activists and legal reformers push for a change that they say is long overdue. The final outcome of the case could have far reaching implications for women's rights in India.
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