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The Indian government, through its preliminary affidavit filed in the Supreme Court, has vehemently opposed criminalizing marital rape, arguing that existing legal remedies adequately safeguard married women from sexual violence. The Centre contends that categorizing marital rape as 'rape' under the Indian Penal Code (IPC) would be excessively harsh and disproportionate, given the unique dynamics of the marital relationship and the potential for unintended negative consequences. This stance has sparked heated debate, with legal experts and women's rights activists expressing divergent views on the matter.
The Centre's argument hinges on the premise that existing laws, such as those addressing domestic violence and sexual assault, provide sufficient recourse for married women experiencing abuse. The government points to provisions within the IPC (Sections 354, 354A, 354B, and 498A) and the Protection of Women from Domestic Violence Act, 2005, as alternative mechanisms for addressing marital sexual violence. It cites a 2022 report by the National Commission for Women, which suggests that retaining the existing exception is necessary to avoid potentially destabilizing consequences for families and dependents. The Centre emphasizes that the institution of marriage is inherently different from other relationships, and the legal consequences of violating consent within marriage should be distinct from those outside of it.
However, the petitioners challenging the exception argue that it perpetuates a culture of impunity for husbands who sexually assault their wives. They contend that marital rape is not a 'private matter' but a serious crime that warrants criminal prosecution, irrespective of the marital relationship. They argue that the existing legal provisions are insufficient to deter marital rape and fail to acknowledge the unique vulnerability of wives within a power imbalance inherent in many marriages. The petition highlights the alarming prevalence of marital rape in India and the need for robust legal mechanisms to protect women's bodily autonomy and ensure their right to a life free from sexual violence.