New Delhi. The Central Government has given an affidavit in the Supreme Court saying that marital rape, i.e. forceful physical intercourse by a husband with his wife, is not a legal crime. The Center has told the Supreme Court that this is not a law but a social matter. The Central Government, in its affidavit, has opposed petitions seeking to criminalize marital rape in India. It is worth noting that a legal battle has been going on regarding this issue for some time and debates are taking place at many levels in the society.
The Center said that sexual relations are one of the many aspects of the relationship between husband and wife on which the foundation of their marriage rests. The central government has said in the affidavit that this issue is more social than legal. This has a direct impact on the society. Along with this, the Center also argued that if marital rape is also declared a crime, then doing so does not come under the jurisdiction of the Supreme Court.
The Center has told the Supreme Court that misuse of the amended provisions cannot be ruled out in the rapidly growing and constantly changing social and family structure, as it would be difficult and challenging for a person to prove that there was consent for the relationship. Or not. The Center has said that it may be disproportionate to punish a person for such an act under anti-rape laws. Parliament has already provided measures to secure the consent of a married woman. The Center said these measures include legislation to punish cruelty to married women.