'Legitimate expectation': Centre says firm no to criminalising marital rape in submission to SC

The Centre in its submission to the Supreme Court has said that it is firmly opposed to petitions that seek the criminalisation of marital rape, defending the existing legal framework that exempts sexual relations between a husband and wife from the definition of rape. In its submission to the SC, the Centre argued that within a marriage, there is a "legitimate expectation" for reasonable sexual relations between spouses.

According to the Centre, marital rape is more of a social issue than a legal one, requiring wide-ranging consultations with stakeholders before any legal reforms are considered. The government also stressed that marriage in India is viewed as a bond of mutual obligations, with vows that are considered sacred. While women's consent within marriage is safeguarded, the Centre argued that penal provisions addressing such matters are distinct from those applicable to non-marital situations.

The Centre maintained that existing laws offer sufficient remedies for victims of marital abuse and that altering the current provisions could undermine the institution of marriage and give rise to serious 'socio-legal' problems. It contended that any decision on this matter should come from the legislature, not the judiciary, as it could have profound social ramifications.

The Supreme Court is currently reviewing an appeal related to a split verdict by the Delhi High Court on the validity of Exception 2 under Section 375 of the Indian Penal Code. This clause exempts husbands from being prosecuted for rape within marriage. The High Court had delivered a divided opinion—Justice Rajiv Shakdher deemed the provision unconstitutional, while Justice C Hari Shankar upheld it.

The Supreme Court has also stayed a Karnataka High Court ruling that refused to quash rape charges against a man accused of repeatedly sexually assaulting his wife. Petitioners, including activist Ruth Manorama, have argued that the marital rape exemption violates women's right to consent, bodily autonomy, and dignity, urging its removal.

Despite the growing calls for change, the Centre remains adamant that the criminalisation of marital rape is a decision for lawmakers, not courts, given the potential impact on society.