The Central government on Thursday argued before the Supreme Court that imposing stringent penal provisions for rape within marriage could have serious socio-legal implications on the institution of marriage.
The Central Government has filed an affidavit in the Supreme Court in the marital rape case. In this, the government has said that there is no need to declare marital rape a crime, as other ‘punitive measures’ already exist for it. The Center also said in its affidavit that declaring marital rape as a crime does not have the jurisdiction of the Supreme Court.
The Central government on Thursday argued before the Supreme Court that imposing stringent penal provisions for rape within marriage could have serious socio-legal implications on the institution of marriage. However, the government acknowledged that no husband has any “fundamental right” to violate his wife’s consent. Along with this, the government also said that if the penal provisions and laws related to rape by strangers are applied against the husband, then the use of these laws can destroy the marital and social structure.
This affidavit has been submitted by the government in response to petitions challenging the constitutional validity of Exception 2 of Section 375 of the Indian Penal Code (IPC). Exception 2 to Section 375 of the IPC exempts husbands from prosecution in rape cases in which the victim is their wife. Through an affidavit filed by the Home Ministry, the government emphasized that marriage brings with it different social expectations and obligations. However, it has also been argued that marriage with a man does not automatically void the woman’s consent. Violations of such consent within marriage have different legal remedies than those applicable to non-marital relations, the affidavit said.