S*x is facet of marriage: Why did Center defend 'Marital Rape' in Supreme Court?

Govt Defends Marital Rape: In a crucial legal development, the Central Government has opposed petitions seeking the criminalisation of marital rape, defending the current legal framework that exempts marital relations from rape charges under specific circumstances. The Centre argued that the matter is a social issue rather than purely legal and requires comprehensive consultation with a wide range of stakeholders before any reforms can be considered.

Reasonable expectations in marriage

In its response filed before the Supreme Court, the Centre emphasized that within a marriage, "there exists a continuing expectation, by either of the spouse, to have reasonable sexual access from the other." The government argued that this expectation is part of the broader reciprocal obligations that form the foundation of marriage in Indian society.

However, the Centre clarified that these expectations do not give a husband the right to coerce or force his wife into sexual relations. The government maintained that such actions would still be subject to legal scrutiny under existing laws related to marital abuse and domestic violence.

Sex is one of many facets of husband-wife relationship

The Centre’s position is that the issue of marital rape is inherently more of a societal concern than a legal one. As such, it believes that any decision regarding its criminalisation should involve extensive dialogue with various social, religious, and political groups before being taken up by the legislature. The government contended that marriage in India is viewed as an institution of mutual obligations, and vows taken during marriage are considered inviolable, thus complicating the issue.

"The sexual aspect is but one of the many facets of the relationship between husband and wife, on which the bedrock of their marriage rests," the Centre's submission stated, underscoring the complexity of the issue.

Centre cites existing legal remedies

The Centre also argued that victims of marital abuse already have sufficient legal remedies under current statutes, including laws that address domestic violence and cruelty. It warned that striking down the marital rape exception could destabilise the institution of marriage, which is deeply rooted in societal norms and customs.

Supreme Court hearings and split verdicts

The Supreme Court is currently arguing on an appeal against the split verdict of the Delhi High Court concerning the validity of Exception 2 to Section 375 of the Indian Penal Code (IPC). This section exempts husbands from being prosecuted for rape within marriage. In the Delhi High Court ruling, Justice Rajiv Shakdher declared the exception unconstitutional, while Justice C Hari Shankar upheld it, leading to the ongoing legal debate.

In addition, the Supreme Court had previously stayed a judgement from the Karnataka High Court that had refused to quash rape charges against a man accused of sexually assaulting his wife and treating her as a "sex slave."

Violating women's consent

Petitioners, including prominent activist Ruth Manorama, argue that the marital rape exception violates women’s consent, bodily autonomy, and dignity. They are calling for its removal, stating that the law must evolve to protect the fundamental rights of women in marital relationships.

Legislative vs judicial action

Despite the increasing pressure from activists and legal experts, the Centre has reiterated that any decision to criminalise marital rape must be made by the legislature, not the judiciary. It highlighted the significant social ramifications of such a decision and insisted that lawmakers are better positioned to handle the issue through informed public consultation and debate.