Centre defends marital rape exception: Reasonable sexual access...

In its response filed before the Supreme Court, the Centre argued that the issue of marital rape is more of a social concern than a legal one and requires extensive consultations with various stakeholders before any decision can be made.

In Short

• Centre files response in Supreme Court on pleas seeking marital rape criminalisation
• Calls marital rape a social issue that needs consultation from stakeholders
• Says existing laws sufficient for victims of marital rape

The Centre has opposed petitions seeking the criminalisation of marital rape, standing by the current laws on rape, which make an exception for sexual relations between a husband and wife. In its response filed before the Supreme Court, the Centre said that in marriage "there exists a continuing expectations, by either of the spouse, to have reasonable sexual access from the other".

The Centre, however, clarified that the expectations do not entitle the husband to coerce or force his wife into sex against her will.

In the response, the Centre argued that the issue of marital rape is more of a social concern than a legal one and requires extensive consultations with various stakeholders before any decision can be made.

It contended that marriage in India is regarded as an institution of reciprocal obligations, where vows are considered inviolable. It stated that while the consent of women within marriage is statutorily protected, the penal provisions governing this are different.

"...the sexual aspect is but one of the many facets of the relationships between husband and wife, on which the bedrock of their marriage rests," it said.

The Centre argued that sufficient legal remedies already exist under current statutes for victims of marital abuse, and striking down the exception could destabilise the institution of marriage.

The Supreme Court is currently hearing an appeal against the split verdict of the Delhi High Court on the validity of Exception 2 to Section 375 of the Indian Penal Code, which exempts husbands from being charged with rape within marriage. The Delhi High Court had delivered a divided ruling, with Justice Rajiv Shakdher declaring the provision unconstitutional, while Justice C Hari Shankar upheld it.

In addition, the Supreme Court had stayed a judgement from the Karnataka High Court that refused to quash rape charges against a man accused of sexually assaulting his wife and holding her as a sex slave. Petitioners, including activist Ruth Manorama, have argued that the marital rape exception violates women’s consent, bodily autonomy, and dignity, calling for its removal.

The Centre, however, insists that any decision on criminalising marital rape must be made by the legislature, not the judiciary, given its far-reaching social consequences.