The Indian government has taken a stance on the contentious issue of marital rape, arguing for a comprehensive approach that considers both social and legal implications. This stance was presented in an affidavit filed with the Supreme Court on Thursday.
The government’s argument centers on the far-reaching consequences of addressing marital rape solely through a legal lens. The affidavit states that while judicial review is essential, the issue transcends constitutional boundaries, becoming a social question demanding comprehensive consideration.
The government’s position is further solidified by the Parliament’s decision in 2013 to retain the exception to Section 375 of the Indian Penal Code (IPC) concerning marital rape, despite amending the section in the same year. The Parliament’s choice to retain the exception reflects a deliberate consideration of various perspectives and concerns surrounding marital rape.
These arguments come in response to several Public Interest Litigations (PILs) challenging the constitutionality of the marital rape exception under Section 375 of the IPC. The PILs contend that this exception discriminates against married women who are victims of sexual assault by their husbands.
The ongoing debate within India’s highest court reflects the complex nature of marital rape and its intersection with societal norms, legal structures, and the rights of women. The government’s call for a holistic approach underscores the need for a nuanced understanding of the issue, factoring in social and cultural contexts alongside legal interpretations.
