Centre Defends Marital Rape Exception as Harsh but Necessary

On 3rd Oct 2024, in a statement to the Supreme Court, the Centre argued that while violating a wife’s consent is unacceptable, labelling such acts as "rape" within marriage is disproportionately harsh.

Key Points

First Formal Stance: The government formally opposed striking down the marital rape exception for the first time, contrasting its earlier neutral stance in 2022.
Acknowledgment of Violation: The Centre acknowledged that non-consensual sex in marriage should be illegal but maintained that calling it "rape" undermines the institution of marriage.
Legal Remedies Exist: The affidavit stated that various laws, including the Domestic Violence Act and IPC provisions, already provide penal consequences for non-consensual acts in marriage.
Article 14 and Marital Sphere: The government cited Article 14, arguing that sexual violations within marriage and outside it is legally distinct and should be treated differently.
State Responses: Among 15 states consulted, most, including Uttar Pradesh and Assam, supported retaining the marital rape exception, with only Karnataka, Tripura, and Delhi opposing it.