The Indian government has opposed labeling non-consensual sexual acts by a husband on his wife as “rape,” stating it may negatively impact the institution of marriage. In a submission to the Supreme Court, the Ministry of Home Affairs argued that while a husband cannot violate his wife’s consent, calling it “rape” is excessively harsh.
This marks the first time the federal government has officially opposed calls to abolish the marital rape exception in Indian law. The Ministry emphasized the need for a balanced approach to address fundamental rights within marriage while acknowledging that a woman’s consent should not be violated.
Despite acknowledging that marital rape should be illegal and have consequences, the government cited socio-economic and cultural factors for retaining the exception. It argued that invoking rape charges in marital relationships could disrupt the conjugal bond.
The issue has sparked debate about balancing individual rights and privacy within marriage. The government’s stance underscores the complexity of consent and the need for consultation before making legal decisions on such sensitive issues.
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