Centre Opposes Criminalisation of Marital Rape, Cites Existing Punitive Measures

New Delhi: The Centre has informed the Supreme Court that there is no need to criminalise marital rape, citing existing “suitably designed punitive measures”. It also argued that the court lacks the authority to criminalise marital rape, emphasising that the issue is more social than legal, with far-reaching societal implications.

The Centre highlighted the necessity of involving all stakeholders, including state governments, before making any decisions on marital rape. While acknowledging that marriage does not negate a woman’s consent and any violation should have penal consequences, it noted that violations within marriage differ from those outside of it.

The government argued that while a husband cannot force his wife into sexual relations, punishing him under anti-rape laws may be “excessive and disproportionate”. It added that existing laws, such as those against cruelty to women and the Protection of Women from Domestic Violence Act, 2005, provide safeguards for married women.

The Centre concluded by stating that marriage is based on several factors, including sexual relations and urged the court to respect the legislative decision to maintain the institution of marriage, rather than striking down the exception to criminalising marital rape.