Indian Government Opposes Criminalizing Marital Rape

The Indian government argues that criminalizing marital rape could destabilize marriages and should be addressed by Parliament, not the courts.

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.