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2024-10-05 07:47:00
New Delhi: In the marital rape case, the Central Government has filed an affidavit in the Supreme Court and has justified keeping marital rape out of the scope of the crime of rape as an exception. The Central Government has said that in the exception of rape, there is a provision that if the husband has sex with the wife even against her will, then it is not considered rape. The Central Government has said that Parliament has retained this exception after debate on this matter. If this is brought under the ambit of crime, it will cause huge damage to married life and the institution of marriage.
‘The foundation of the institution of marriage will be shaken’
The Home Ministry has filed an affidavit on behalf of the Central Government and has said that bringing the matter of marital relationship between husband and wife under the ambit of rape would be a very harsh system and it would have social and legal implications. This will affect the institution of marriage, that is, the foundation of the institution of marriage will be shaken. However, the Central Government has accepted in its affidavit that the husband does not have the fundamental right to violate the wife’s consent. But the Center also said that the rape law provides for punishment against a person who forcibly has sex with a woman. But there is an exception to the law of rape in married life, that is, marital rape is not a crime, if there is a provision of punishment under rape within this scope, then it will destabilize the marital framework.
‘If a crime is committed then married life will be adversely affected’
Rape has been defined in Section 375 of the IPC and the husband has been included in the exception of Section 375 (2). That means, if a husband has sex with his wife against her will in married life, then it is not considered rape. This legal provision has been challenged in the Supreme Court and it has been said that marital rape should be brought under the ambit of crime. In this matter, the Center said that this law is correct and there is an alternative legal provision in the case of forced relations, for this there is a provision for complaint under the Harassment and Domestic Violence Act. Criminal Force: If rape law is applied in married life, it will have far reaching impact and will adversely affect married life.
‘Consent is necessary but should not be brought under the ambit of rape law’
The central government says that consent is important. The government said that there is a strict rape law, but if this law is used against the husband in married life, then the foundation of the institution of marriage will be damaged and it will have a serious impact. Parliament kept this as an exception. At the time of making the anti-rape law, the Verma Commission had recommended abolishing this exception, but the Parliament has retained this exception. If this exception is removed, this law will be misused and the institution of marriage may be dissolved on the basis of fake complaint.
What is the matter?
This matter is to be heard in the Supreme Court. In the application filed in the apex court, it has been demanded that marital rape should be brought under the category of crime. Currently, forced sexual intercourse by a husband with an adult wife does not fall in the category of rape. It has been kept in the exception of rape. Different High Courts had given different decisions in marital rape. The matter is in the Supreme Court and hearing is about to take place. In such a situation, the picture will become clear after the Supreme Court hearing.
Delhi High Court gave a divided decision on marital rape
An application was filed in the Delhi High Court to bring marital rape under the ambit of crime. The decision given by the Delhi High Court in this case on 11 May 2023 was divided. In a bench of two judges, one judge said that it should be brought under the category of crime while the other one expressed the opposite intention. After which this matter has come before the Supreme Court.
Marital rape is an exception in the law
Rape is defined in Section 375 of the IPC or Section 63 of the Indian Justice Code. The law says that if a man has sex with any woman against her will, it will be rape. Also, forced relationship with a child wife will be an exception to rape. If the wife is a minor then a rape case will be registered but if the wife is an adult then the husband has been kept in the exception of rape.