Delhi: The central government has stated in the Supreme Court that marital rape should not be criminalized. It clarified that decisions cannot be made without consultations and without examining the positions of all states. The government submitted an affidavit stating that issues related to marital rape have far-reaching social and legal implications in the country, and a comprehensive approach is needed instead of a stringent legal one. The central government argued that partners in a marriage have sexual expectations of each other, and therefore, marriage should be considered differently from other circumstances.
At the same time, the government informed the court that the concept of marriage does not eliminate the need for a woman’s consent; however, punishing a husband under anti-rape laws is not an appropriate remedy. The central government mentioned that various remedies have been proposed in Parliament to protect the consent and freedom of women in marriage.
The Supreme Court was considering an appeal against a Delhi High Court judgment regarding the validity of Section 375 of the Indian Penal Code, which exempts husbands from being charged with marital rape.
