Marital Rape: The central government on Thursday filed an affidavit in the Supreme Court in connection with bringing marital rape under the ambit of crime. The Center has opposed the petitions demanding to declare marital rape a crime in India.
The Center said that sexual relations are one of the many aspects of the relationship between husband and wife, on which the foundation of their marriage rests.
This matter is more social than legal
The central government said in its affidavit that this issue is more social than legal. It has a direct impact on society. Also, the Center argued that declaring 'marital rape' a crime does not come under the jurisdiction of the Supreme Court.
It is challenging to prove the relationship
The Center told the Supreme Court that there is a huge risk of misuse of the amended provisions in the rapidly growing and constantly changing social and family structure, as it will be difficult and challenging for a person to prove whether there was consent for the relationship or not.
Punishment under anti-rape laws is not right
In marriage, the spouse is expected to establish sexual relations in a proper manner, but such expectations do not give the husband the right to force his wife to have sex against her will. The Center said that punishing a person for such an act under anti-rape laws may be inconsistent.
There is a punitive law on cruelty
The government said that Parliament has made measures to protect the consent of a married woman. These measures include a provision for punishment for cruelty to married women. The Protection of Women from Domestic Violence Act 2005 is a law, which helps married women as well as protects them.
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