New Delhi:
The Centre has advised the Supreme Court docket there isn’t any must criminalise marital rape as there are different “suitably designed punitive measures”. The Centre stated it isn’t inside the jurisdiction of the Supreme Court docket to criminalise marital rape.
The Centre stated the difficulty of marital rape is a extra social problem than a authorized one, as it should have a direct impact on society.
This problem (marital rape) can’t be determined with out correct session with all stakeholders or with out making an allowance for the views of all states, the Centre stated.
Whereas the Centre accepted that marriage doesn’t finish the consent of a lady and any violation ought to lead to penal penalties, it, nevertheless, added the results of such violation inside a wedding are completely different from violation outdoors marriage.
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In a wedding, there’s a persevering with expectation of correct sexual relations from one’s partner, however such expectations don’t give a husband the suitable to drive his spouse to have intercourse towards her will. The Centre stated punishing an individual underneath anti-rape legal guidelines for such an act could also be extreme and disproportionate.
Parliament has already supplied measures to guard the consent of a married girl inside marriage. These measures embrace legal guidelines penalising cruelty to married ladies, the Centre stated. The Safety of Girls from Home Violence Act, 2005 is one other legislation that may assist married ladies.
The sexual facet is just one of many many facets of the connection between a husband and spouse on which the inspiration of their marriage rests, and given the character of the establishment of marriage in India’s socio-legal milieu, if the legislature is of the view that the safety of the establishment of marriage is crucial, then it could not be applicable for the court docket to strike down the exception,” the Centre stated.