 |
|
The Indian government has voiced its strong opposition to criminalizing marital rape, arguing that such a move could have detrimental effects on the institution of marriage. The government's stance is based on the belief that criminalizing marital rape could lead to a significant increase in marital disputes and challenges in proving consent, particularly in the context of evolving social dynamics. This argument was presented in an affidavit filed by the Centre in response to petitions challenging the constitutionality of Exception 2 to Section 375 of the Indian Penal Code, which currently exempts marital rape from criminalization.
The government's affidavit highlights the delicate nature of marital relationships and emphasizes the need for a comprehensive legislative approach rather than a purely legal one. The government contends that the existing legal framework, which includes provisions addressing various forms of sexual abuse, is sufficient to protect women within the context of marriage. The government also expresses concerns about the potential for misuse of such a law, noting that it could be difficult to prove the absence of consent in many cases.
The government further argues that Parliament, after careful consideration of all sides of the issue, has decided to retain the exception for marital rape. The government points to the Law Commission's 172nd Report, which advised against removing the exception to avoid excessive interference in marriage. The government ultimately asserts that Parliament is better equipped to address sensitive issues like marital relationships and that its decision to retain the exception should be respected by the judiciary. The government's argument raises significant questions about the balance between protecting women from sexual violence and preserving the stability of marital relationships. The debate surrounding marital rape criminalization in India reflects a complex interplay of social, legal, and cultural considerations.
Source: Marital rape criminalisation may severely impact institution of marriages in India: Govt