Centre opposes criminalization of marital rape, files affidavit in Supreme Court 

NEW DELHI: The central government has filed an affidavit with the Supreme Court, opposing the criminalization of marital rape. The Centre stated in the affidavit filed in the Supreme Court that making marital rape a criminal offence does not fall under the court's jurisdiction and the matter is more of a societal issue than a legal one.

According to the Centre, a decision cannot be made on the issue without proper discussion and without considering the opinions of all states. In a marital relationship, one partner expects sexual relations. However, the husband does not have the right to force his partner into sexual relations against her will. The government argued that punishing someone under anti-rape laws in the matter exceeds the boundaries of justice.

The government informed the court that it had already taken steps to protect the consent of women in marital relationships. This includes legal measures that punish cruelty against married women. The central government further informed the Supreme Court that the Protection of Women from Domestic Violence Act, 2005, is already in place to protect married women.