Why does Modi government not want to consider marital rape as a crime? Told these 3 big things to SC

Supreme Court on Marital Rape: The Central government has told the Supreme Court that there is no need to criminalize marital rape as there are other “appropriate punitive measures” available. The Center said that declaring marital rape a crime does not have the jurisdiction of the Supreme Court.

The central government said that the issue of marital rape is more of a social issue than a legal issue, as it will have a direct impact on the society. The Center said that a decision on this issue (marital rape) cannot be taken without proper consultation with all stakeholders or without taking into account the views of all states.

Violation of woman’s consent in marriage, but differences on punishment

The Center acknowledged that mere marriage does not end the woman’s consent and any violation should result in punitive consequences. However, the Center also said that the consequences of such violations within marriage are different from violations occurring outside marriage. The Center said that in marriage there is a constant expectation of proper sexual relations between the husband and wife, but this does not mean that the husband gets the right to forcibly have sex against the wife’s will. The Center said punishing the husband under penal laws for such an act may be excessive and disproportionate.

‘Laws have already been made for women’s consent’

The Center said that Parliament has already made a provision that protects the consent of the woman within marriage. These measures include laws punishing cruelty to married women. Apart from this, the Protection of Women Act, 2005 also exists to provide help to women. The Center said that sexual relations between husband and wife are only a part of their relationship, and since the protection of the institution of marriage is considered essential in the social and legal context of India, the legislature may consider it necessary to protect the institution of marriage if , then it would not be appropriate for the court to eliminate this exception.

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