Govt opposes in SC pleas to criminalise marital rape

Says it may destroy institution of marriage

- MPOST BUREAU

NEW DELHI: The Centre has informed the Supreme Court that criminalizing sexual acts between a husband and his wife as "rape" could severely harm the marital relationship and disrupt the institution of marriage.

In opposition to the petitioners' demand for the criminalization of marital rape, the Centre has submitted its initial counter affidavit to the apex court.

The Supreme Court is currently considering petitions that question whether a husband should be exempt from prosecution for rape if he forces his wife, who is not a minor, to engage in sexual activity.

As per the now-repealed Section 375 of the Indian Penal Code (IPC), replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse between a man and his wife, provided she is not a minor, is not classified as rape.

Even under the new law, Exception 2 to Section 63 (rape) says that "sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape."

"Furthermore, it is submitted that striking down the exception 2 of section 375 of IPC on the ground of its constitutional validity will have a far-reaching effect on the institution of marriage if sexual intercourse or sexual acts by a man with his own wife is made punishable as 'rape'," the Centre said in its affidavit.

"It may severely impact the conjugal relationship and may lead to serious disturbances in the institution of marriage," it said.