Marital Rape Need Not Be Criminalised: Govt To Supreme Court

Marital Rape: The government on Thursday informed the Supreme Court that it sees no necessity to criminalize marital rape, arguing that there are already "suitably designed punitive measures" in place. The Centre contended that the issue is primarily “social rather than legal”, asserting that criminalizing marital rape would have significant implications for society.

In its submission, the Centre emphasized that the jurisdiction to criminalize such acts does not lie with the Supreme Court but rather with the legislature. 

Centre submitted that “while exercising such judicial review on such subjects (marital rape), it is to be appreciated that the present question is not only a constitutional question, but essentially a social question on which the Parliament, after being apprised and being aware of all sides of the opinion on the present issue, has taken a position.”

It further said that the Parliament, after being apprised and being aware of all sides of the opinion on the present issue has decided to retain Exception 2 to Section 375 of IPC in 2013 while amending the said section in the year 2013.

It further informed the apex court that striking down Exception 2 of Section 375 of IPC on the grounds of its constitutional validity will have a far-reaching effect on the institution of marriage adding it may severely impact the conjugal relationship and may lead to serious disturbances in the institution of marriage. 

"In the fast-growing and ever-changing social and family structure, misuse of the amended provisions can also not be ruled out, as it would be difficult and challenging for a person to prove whether consent was there or not," said the Centre to SC