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HomeNewsLegalCentre Defends Marital Rape Exception, Citing Social and Legal Considerations

Centre Defends Marital Rape Exception, Citing Social and Legal Considerations

Centre Stands Firm Against Marital Rape Criminalisation

The Centre has opposed the criminalisation of marital rape in India, stating that it is not up to the Supreme Court to do so. The Union government argues that the issue is more of a social than a legal one and should be addressed through proper consultation with all stakeholders and states.

The Centre asserts that a woman’s consent is not obliterated by marriage, but its violation should result in penal consequences. However, the consequences of such violations within marriage differ from those outside it.

The government highlights that there are existing laws to protect married women’s consent, including those punishing cruelty to married women, acts against the modesty of women, and domestic violence.

The Centre criticises the petitioners’ approach of treating the institution of marriage as a private institution, terming this view unidimensional. It argues that the existing law does not disregard consent to sexual advances between spouses, but only accords a different treatment when it is within a marriage.

In conclusion, the Union government maintains that it is committed to the liberty and dignity of women, but marital rape does not need to be criminalised since there are alternative “suitably tailored penal remed(ies).”

(With inputs from agency)

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