Center opposes petitions declaring marital rape a crime, petition filed in Supreme Court

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Center opposes petitions declaring marital rape a crime, petition filed in Supreme Court

Central government filed petition in Supreme Court on marital rape

Even today, marital rape is not considered rape in India. Many other provisions including domestic violence are often used in such cases. Meanwhile, the Central Government has filed a petition related to marital rape in the Supreme Court. The central government has opposed petitions seeking to criminalize marital rape. “There is no need to criminalize marital rape as there are alternative “appropriately designed punitive measures” available for it,” the central government said. The central government said that declaring marital rape a crime does not have the jurisdiction of the Supreme Court.

Central government’s petition on marital rape

The Union Home Ministry supported the existing law that makes exceptions for sexual relations between husband and wife. The Central Government in its petition said that this issue is more social than legal, which has a direct impact on the society in general. A decision on this issue cannot be taken without proper consultation with all stakeholders or without taking into account the views of all states. However, the dispute does not end the woman’s consent. Violations of this should result in punitive consequences.

The central government gave this argument

However, the consequences of such violations within the marriage are different from violations outside the marriage, the Central government said in the petition. In the affidavit, the Central Government has opposed bringing marital rape under the ambit of crime. But it has also been said that if someone forcibly has sex against the will of his wife, then there is already a provision in the law to punish him in such a case. Let us tell you that even before this, marital rape has been discussed many times in the country. Meanwhile, many petitions have been filed across the country to bring marital rape into the category of rape. In such a situation, the Central Government has filed a petition in the Supreme Court against these petitions.

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