New Delhi: The Union government has once again raised eyebrows over its cautious approach toward criminalising marital rape, revealing that it views the institution of marriage in India as fundamentally different from how it is perceived under Western, individualistic legal frameworks.
Speaking before the Supreme Court, which is currently hearing multiple petitions seeking to make marital rape a criminal offence, government lawyers argued that marriage in India is not merely a contractual relationship between two individuals but a deeply entrenched social and cultural institution with its own set of duties, expectations, and community ties.
According to sources familiar with the proceedings, the government's submission emphasised that the unique position marriage holds in Indian society cannot be adequately addressed or governed solely through an individual rights-based lens. The stance suggests that criminal legislation targeting marital rape could disrupt the social fabric and interfere with long-standing family structures.
This position stands in stark contrast to the arguments advanced by petitioners' counsel, who contend that the Constitution guarantees every woman the right to bodily integrity and dignity regardless of her marital status. They point out that rape is defined as non-consensual penetration under Section 375 of the Indian Penal Code, yet an explicit exception for spouses excludes wives aged 18 and above from legal protection against sexual violence within marriage.
Legal experts have noted that India is among only a handful of countries worldwide where marital rape remains legal. While several nations have moved decisively to close this loophole over the past three decades, India continues to resist such a change at the legislative level.
The government's stance has drawn sharp criticism from women's rights organisations, who argue that it perpetuates a culture of impunity for abusers and sends a harmful message that a woman's consent becomes irrelevant after marriage. These groups have repeatedly urged Parliament to introduce legislation that recognises marital rape as a cognisable offence.
The Supreme Court is expected to deliver its verdict in the coming months, a decision that could either set a transformative precedent or maintain the current legal lacuna that leaves countless women without recourse.
