Marriage is not limited to physical relations only… What arguments did the Center give in the Supreme Court on marital rape?

New Delhi : Should marital rape be made a crime or not? The Central Government has bluntly told the Supreme Court on this issue that marriage is an institution and to save it, marital rape should not be made a crime. In the affidavit filed in the apex court, the Center has argued that the relationship between husband and wife is not limited to physical relations only. The Central Government on Thursday told the Supreme Court that the relationship between husband and wife is unique, which is limited only to physical relations. Is not limited to. The government said that if Parliament has made an exception for marital rape in Section 375 of the IPC, the court should not reject it.

In fact, in many public interest litigations (PILs) filed in the Supreme Court, there has been a demand to make marital rape a crime. In response to these petitions, the Union Home Ministry has filed an affidavit. It says, ‘Given the nature of the institution of marriage in our socio-legal environment, if the legislature believes that this exception should be retained to preserve the institution of marriage, the Supreme Court should not overrule it. ‘

The Center said that the husband has no right to have relations without the consent of his/her wife. But, it would be too harsh and unfair to equate marital relations with rape.

The Center made it clear that it is committed to fully protecting the freedom, dignity and rights of every woman. The Center said, ‘The government gives top priority to eliminating all forms of violence and crimes against women. These include domestic violence along with physical, sexual, verbal, emotional and economic abuse.

The central government says that a woman’s consent does not end even after marriage. Having sex without her consent should be a punishable offence. However, the consequences of such incidents within a marriage are different from those occurring outside the marriage.

The Center further said, ‘Parliament has provided a number of measures, including provisions in the criminal law, to protect consent within marriage. Sections 354, 354A, 354B, 498A of IPC and Protection of Women from Domestic Violence Act, 2005 provide for strict punishment in such cases.’

The government said, ‘The woman’s consent does not end, but there is a provision for different punishments for having sex without her consent. It cannot be a fundamental right under Article 21 that violation of consent in every situation should be considered an offense under Section 375/376 of the IPC. If there is a provision of punishment for violation of consent, which creates a kind of fear, then this exception under Section 375 cannot be justified.

The Center said that marriage is an institution which has social aspects and meaning. The government said in the affidavit, ‘A husband and wife who spend all their time together, living in the same house, which they make a home with their joint effort, have a bond between them which is beyond all known norms. Is. In our country, marital promises are still considered unbreakable.

The Center has further said, ‘Considering the social aspects involved, the intimate family relationships and the realities prevailing in different parts of this vast, populous and diverse country, it is in the interest of justice to take a decision based solely on the contentions of the PIL petitioners. Will not done.’

The Center argues that since marriage is an institution that creates reciprocal conjugal rights, it cannot be compared with the concept of ‘consent’ in any other situation outside marriage. The Center said, ‘Parliament, after understanding this nuance and variation in the concept of ‘consent’ within the marital relationship, has approved this exception while providing other appropriate measures keeping in mind the constitutional right of the parties to the marriage. ‘

The Center said that since the issue of marital rape is related to marriage, which is in the concurrent list, views of states and union territories were sought. The Center said that of the 19 states and union territories that responded to its query, only Delhi, Karnataka, Tripura had opposed the exception for marital rape under Section 375 of the IPC. Those supporting this exception include UP, MP, Gujarat, Assam, Chandigarh, Chhattisgarh, Goa and Manipur.