The Indian government has submitted its opposition to criminalizing marital rape in an affidavit to the Supreme Court, defending the current legal framework. The government maintains that the issue is more social than legal and argues that decisions regarding marital relationships should be left to Parliament rather than the judiciary.
Legitimate Expectation in Marriage
In its submission, the Centre emphasized that within a marital bond, there exists a “legitimate expectation” for sexual relations between spouses. Criminalizing non-consensual sex within marriage, it claims, could destabilize the institution of marriage by altering the conjugal dynamic. The government warned that such changes could have severe consequences, not only disrupting social harmony but also leading to legal misuse.
The Role of the Judiciary and Parliament
The Centre urged the Supreme Court to exercise judicial restraint, asserting that the regulation of marital relationships should be the prerogative of the legislature. It argued that Parliament is better positioned to consider all perspectives and conduct widespread consultations on this complex issue. According to the government, decisions on such matters need to be made after understanding the social implications and receiving input from various stakeholders.
Differentiation Between Violations Within and Outside Marriage
Although the Centre acknowledged that a woman’s consent remains crucial even within marriage, it stressed that violations of this consent within a marital context should not carry the same legal consequences as those outside marriage. The government expressed concerns that criminalizing marital rape would blur this distinction, fundamentally altering the nature of the marital relationship and its legal framework.
Concerns Over Social Impact
One of the key arguments raised by the government is the potential for widespread social disruption if marital rape is criminalized. The Centre cautioned that such a move could lead to misuse of the law, resulting in unnecessary strain on both marriages and the larger societal framework.
The Supreme Court, which has been considering various petitions challenging the legal exception for marital rape, will continue to weigh these arguments as the case progresses. The court’s eventual decision could have far-reaching socio-legal implications in India.