Overview
- The Indian government has submitted an affidavit to the Supreme Court opposing the criminalization of marital rape, citing potential negative impacts on the institution of marriage.
- The government argues that while a husband's violation of a wife's consent should have penal consequences, labeling it as 'rape' is excessively harsh.
- Existing laws, including those addressing domestic violence and cruelty, are deemed sufficient to protect married women's rights, according to the government's stance.
- The submission highlights concerns about the potential misuse of marital rape laws and emphasizes the need for a comprehensive approach involving stakeholder consultation.
- The Supreme Court is reviewing petitions challenging the constitutionality of the marital rape exception, with the government urging deference to Parliament's judgment on this sensitive issue.