The Centre has told the Supreme Court that deciding whether marital rape should be criminalised is a matter for Parliament and not for the judiciary. The government’s position came as the court considered petitions seeking the removal of the exception to rape law that currently protects husbands from prosecution for sexual intercourse with their wives under specified circumstances.

The Centre has maintained that the issue involves wider legal, social and constitutional considerations that require a decision by the legislature. It has opposed judicial intervention to criminalise marital rape, arguing that Parliament is the appropriate forum to examine the matter and decide whether changes to the existing legal framework are necessary.

The marital rape exception has been the subject of petitions before the Supreme Court, with petitioners challenging its constitutional validity. The debate centres on whether a woman’s marriage should affect the legal recognition of non-consensual sexual intercourse by her husband and whether the existing exception is compatible with constitutional guarantees.

Also Read: Rahul Gandhi Army Defamation Case: SC Directs Request For Early Hearing

The government has previously highlighted concerns surrounding the possible criminalisation of marital rape, including the implications for the institution of marriage and the use of criminal law in disputes between spouses. The Centre has also pointed to existing legal provisions that can provide remedies in cases involving cruelty, sexual violence and other forms of abuse within marriage.

The matter places questions of individual rights, marital relationships and criminal law before the Supreme Court. While petitioners have sought judicial intervention to remove the exception, the Centre has urged the court to leave any decision on criminalising marital rape to Parliament, where lawmakers can consider the issue through the legislative process.

The Supreme Court’s consideration of the petitions could have wider implications for how consent and sexual violence within marriage are treated under Indian law. The Centre’s latest position makes clear that it does not favour the court itself creating a new criminal offence and instead considers any such change to be a matter for Parliament to deliberate and decide.

Also Read: SC To Hear Delhi Police Plea To Quash 13 NEET Protest FIRs