Marital Rape Need Not Be Criminalised: Govt To Supreme Court

Marital Rape: government on Thursday informed Supreme Court that it sees no necessity to criminalize marital rape, arguing that re are alrey "suitably designed punitive measures" in place. Centre contended that issue is primarily “social rar than legal”, asserting that criminalizing marital rape would have significant implications for society.

In its submission, Centre emphasized that jurisdiction to criminalize such acts does not lie with Supreme Court but rar with legislature. 

Centre submitted that “while exercising such judicial review on such subjects (marital rape), it is to be appreciated that present question is not only a constitutional question, but essentially a social question on which Parliament, after being apprised and being aware of all sides of opinion on present issue, has taken a position.”

It furr said that Parliament, after being apprised and being aware of all sides of opinion on present issue has decided to retain Exception 2 to Section 375 of IPC in 2013 while amending said section in year 2013.

It furr informed apex court that striking down Exception 2 of Section 375 of IPC on grounds of its constitutional validity will have a far-reaching effect on institution of marriage ding it may severely impact conjugal relationship and may le to serious disturbances in institution of marriage. 

"In fast-growing and ever-changing social and family structure, misuse of amended provisions can also not be ruled out, as it would be difficult and challenging for a person to prove wher consent was re or not," said Centre to SC