On Thursday, the Centre submitted an affidavit to the Supreme Court regarding marital rape, asserting that the issue holds significant socio-legal implications for the country. The government emphasized the necessity of a comprehensive approach, recognizing that the matter transcends mere legal interpretation and requires societal understanding and context.
Judicial Review: A Constitutional and Social Question
The Centre contended that the question of marital rape is not solely constitutional but fundamentally a social issue. It acknowledged that the Parliament, after considering various opinions, opted to retain the marital rape exception in Section 375 of the Indian Penal Code (IPC). This decision reflects a nuanced understanding of consent within marriage, distinct from non-marital relationships.
Balancing Rights and Marital Stability
While the Centre acknowledged that a woman’s consent is not negated by marriage, it argued that the violation of this consent requires a different legal framework. The government pointed out that Parliament aimed to maintain a balance between individual rights and the protection of marriage as a social institution, especially following the recommendations of the Justice JS Verma Committee after the 2012 Delhi gang rape incident.
Concerns Over Potential Abuse of Law
The affidavit raised concerns about the potential misuse of marital rape laws, cautioning that removing the existing exception could lead to false accusations and disrupt marital stability. The Centre’s stance highlights the complex interplay between legal reforms and societal norms, as it navigates the sensitive terrain of marital rights and protections for women.
