The Central government on Thursday filed an affidavit in the Supreme Court saying the matters related to marital rape will have very far-reaching socio-legal implications in the country and therefore, needs a comprehensive approach rather than a strictly legal approach. In the affidavit, the Centre said that while exercising such judicial review on such subjects (marital rape), it is to be appreciated that the present question is not only a constitutional question, but essentially a social question on which the Parliament, after being apprised and being aware of all sides of the opinion on the present issue, has taken a position.
The Centre further said that the Parliament, after being apprised and being aware of all sides of the opinion on the present issue has decided to retain Exception 2 to Section 375 of IPC in 2013 while amending the said section in the year 2013.
The Central government also opposed other petitions seeking to criminalise marital rape and said there is no need to criminalise marital rape because there are alternative "suitably designed punitive measures" available for it.
The Centre stated that it is not within the jurisdiction of the Supreme Court to criminalise marital rape. Earlier, the Union Home Ministry supported the existing law which makes an exception for sexual relations between a husband and wife.
The Central government said that the issue is more social than legal, which has a direct impact on society in general. It said the issue of marital rape cannot be decided without proper consultation with all stakeholders or without taking into account the views of all states.
"However, marriage does not terminate the consent of the woman and its violation should result in punitive consequences. The consequences of such violation within marriage differ from violation outside marriage," it said.
In the affidavit, the Central Government has opposed bringing marital rape under the ambit of crime, but at the same time it has also said that if someone forcibly has a physical relationship without the consent of the wife, then in such a situation there is already a provision in the law to punish him.
