Marital Rape News: Then the husband will have to take divorce… Supreme Court said a big thing on the demand of wife’s desire for sex

New Delhi: The Central Government has made its view clear on marital rape. She said that this will have adverse effects on the society, but considering marital rape as a reality, those demanding a law to stop it are giving different types of arguments. This matter was also heard in the Supreme Court on Thursday. The Supreme Court, while hearing the issue of marital rape, raised the question whether declaring marital rape as a crime will not weaken a sacred bond like marriage?

Serious question of Supreme Court

A bench headed by Chief Justice DY Chandrachud also asked the petitioners whether removing the legal exception barring husbands from accusing them of rape would not create a different kind of crime? On this, senior advocate Karuna Nandi, appearing for some petitioners, said that removing the exception will not create a separate offence.

Know the argument of the petitioner’s lawyer

he/she said, ‘No new crime will be created. “Marriage is not an institution but a personal matter… (The existing) law gives status-based exemptions to husbands.” Nandi said that this is not a matter of men versus women but it is a matter of everyone versus patriarchy. he/she further said that forcing a married woman into submission in marriage and undermining her autonomy is tantamount to treating her as an idol and depriving her of equal rights in marriage.

Freedom to file rape case against husband

Nandi said that there should be equality between husband and wife and the wife should not be forced into submission. he/she began arguments in the case on Thursday and urged the Supreme Court to strike down as ‘unconstitutional’ the exception that prevents a wife from prosecuting her husband for rape. Justice JB Pardiwala, appearing for the bench, asked Nandi, ‘So you are saying that when a wife refuses to have sex, the husband has no option but to seek divorce?’

If wife refuses sex…

In response, Nandi said smilingly, ‘Wait for the next day or become more attractive or talk to her (wife).’ he/she said that as people are changing in the society, the Constitution should also change. Another lawyer for the petitioners urged the Supreme Court to consider referring the case to a Constitution bench. Earlier this month, the Center had filed an affidavit opposing the petitions seeking to criminalize marital rape.

…then the institution called marriage will be in danger: Center

The Union Home Ministry had said in its affidavit that if a man has physical relations with his/her wife and the wife sues him/her calling it ‘rape’ then the man will be punished under the law. If this happens, marital relations will be seriously affected and it can create serious disturbances in the institution of marriage. The Center has taken the stand that the Supreme Court does not have the jurisdiction to criminalize marital rape.

Central government’s affidavit in Supreme Court

The ministry argued that the issue is more social than legal, which has a direct impact on society. The affidavit said the issue ‘cannot be decided without proper consultation with all stakeholders or without taking into account the views of all states’. “Marriage does not obviate the need for a woman’s consent and its violation will result in punitive consequences,” the ministry said. However, the consequences of such violation within marriage are different from those of coercion against a woman outside marriage.

(With reporting by Raghav Ohri of The Economic Times)