Centre Opposes In Supreme Court Pleas To Criminalise Marital Rape

He said the issues involved are social rather than legal and that similar decisions cannot be taken without proper consultation with all stakeholders and taking into account the views of all states. .

“It was argued that the act colloquially known as “marital rape” is illegal and should be criminalized. It is argued that violations should be punishable. However, the consequences of such acts are different for intra-marital violations than for extra-marital violations,” the affidavit states. .

The report said Congress provides a variety of remedies, including criminal law provisions, to protect consent within marriage.

“Given the nature of the institution of marriage in our socio-legal environment, if the Legislature is of the view that the exceptions condemned should be maintained for the preservation of the institution of marriage, it is up to this Court. “It is submitted that this is not appropriate to abolish the exception,” the Center said.

The report said the Government of India is committed to the full and meaningful protection of the freedom, dignity and rights of all women, who are the “foundation and pillars of civilized society”.

The affidavit says that while a husband does have no fundamental right to violate his wife’s consent, it is undoubtedly unduly harsh to introduce a crime in the nature of ‘rape’, which is recognized in India, into the institution of marriage. and is therefore disproportionate.

The organization recommends that the issues contained in these petitions should be treated solely as questions of the constitutionality of the provisions of the law, as the subject matter has and may continue to have such far-reaching socio-legal implications in this country. He said it may not be possible.

“Therefore, this issue requires a comprehensive rather than a strictly legal approach,” the center said.

“We therefore respectfully submit that if the Legislature decides to exempt a husband against his wife from the severity of such charges and from such a label, having regard to the obvious differences that exist in the marital relationship, With respect to other relationships, such decisions and discretion should be respected and not interfered with, particularly where other appropriately tailored criminal remedies are provided by the legislature.” Ta.

The affidavit said the outcome of the petition would have a major impact on society, especially considering the Indian concept of marriage, which creates social and legal rights on the part of both individuals and families.

A bench headed by Chief Justice DY Chandrachud was seized with various pleas on the issue.

The Supreme Court on January 16, 2023, sought the Center’s response on a series of petitions attacking the IPC provisions that protect husbands from prosecution for forced sexual intercourse when their wives are adults.

Subsequently, it also issued a notice to the Center on a similar petition challenging the BNS regulations on the issue.

BNS, Bharatiya Nagarik Suraksha Samhita and Bharatiya Saksha Adhiniyam came into force from July 1, replacing the IPC, Criminal Procedure Code (CrPC) and Evidence Act, respectively.