Marital Institution at Legal Crossroads: Debating Marital Rape and Consent

The Indian Supreme Court deliberates on petitions to criminalize marital rape, sparking debate on the potential impact on marriage. The Centre argues against such criminalization, citing socio-legal implications and emphasizing the need for a comprehensive review involving stakeholders. The issue pits Constitutional rights against traditional marital norms.

The Supreme Court of India is currently considering petitions challenging the exemption of marital rape under the country's current legal provisions. At the heart of the matter is whether a husband should be immune from rape charges in the confines of marriage if he forces his partner, who is not a minor, into sex.

The Centre has opposed the criminalization of such acts, stating in a preliminary counter-affidavit that labeling marital sex as rape could destabilize the institution of marriage. Under existing law, a sexual act by a man with his wife is not considered rape if the wife is above the age of consent.

The ongoing legal debate highlights the tension between upholding constitutional rights and preserving traditional marriage norms in India. The Centre proposes a comprehensive approach, involving consultation with states and stakeholders, to assess the wider socio-legal repercussions.

(With inputs from agencies.)