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Expectation of "reasonable sexual access", Centre argues on 'marital rape' in top court

The Centre defends the marital rape exception in a submission to the Supreme Court, stating that marriage involves an expectation of reasonable sexual access and arguing against the immediate criminalisation of marital rape, calling for broader consultations and legislative action.

marital rape

The Centre, in its submission to the Supreme Court, has defended the exception for marital rape, arguing that marriage creates an expectation of "reasonable sexual access" between spouses. It emphasized that while a husband cannot force his wife into sexual relations against her will, the broader issue of marital rape is a social concern that requires extensive consultation before any legal changes are made.

The Centre contended that removing the marital rape exception could destabilize the institution of marriage and that existing legal provisions already offer sufficient remedies for cases of marital abuse. It also underscored that the criminalisation of marital rape would require legislative action, not a judicial decision, as it has far-reaching socio-legal implications.

The Supreme Court is currently hearing petitions challenging the validity of Exception 2 to Section 375 of the Indian Penal Code (IPC), which exempts husbands from being charged with rape within marriage. The Centre insisted that the matter must be approached cautiously, given the socio-economic and cultural complexities involved, and warned against the potential misuse of laws if the exception is removed.

The Centre maintained that while a woman's consent is essential within marriage, the penalties for breaches should be less severe than those for rape outside of marriage. Parliament, it argued, has provided alternative remedies, including sections of the IPC and the Protection of Women from Domestic Violence Act, 2005, which ensure that violations within marriage are adequately addressed without the need to apply stringent rape laws to matrimonial contexts.

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