No Need To Criminalise Marital Rape, Not Within Supreme Court’s Jurisdiction: Centre To SC

New Delhi: A fortnight ago, the Supreme Court had said that it will decide on the issue of marital rape solely on legal principles even if the Central government does not take a stand.

On Thursday, the Centre told Supreme Court there is no need to criminalise marital rape as there are other “suitably designed punitive measures.”

The Centre also said it is not within the jurisdiction of Supreme Court to criminalise marital rape.

Making its stand clear, the government felt marital rape is more of a social issue than a legal one, as it will have a direct effect on society. Hence, it cannot be decided without proper consultation with all stakeholders or without taking into account views of all states, the Centre said.

Accepting that marriage does not end the consent of a woman and any violation should result in penal consequences, the government stand was that the consequences of such violation within a marriage are different from violation outside marriage.

There is an expectation of proper sexual relations from one’s spouse in a marriage, but such expectations don’t give a husband the right to force his wife to have sex. However, the Centre was of the opinion that punishing a person under anti-rape laws for such an act may be excessive and disproportionate.

The Centre pointed out that Parliament has made provisions to protect consent of a married woman within marriage, such as laws penalising cruelty to married women as well as the Protection of Women from Domestic Violence Act, 2005.