The Indian government has opposed petitions to criminalise marital rape, arguing that such a move would be "excessively harsh." In a 49-page affidavit submitted to the Supreme Court, the federal home ministry stated that while a man does not have a fundamental right to force sex on his wife, existing laws adequately protect married women from sexual violence.
The Supreme Court is reviewing petitions to amend a colonial-era law that exempts men from prosecution for rape within marriage. Recent government surveys reveal that one in 25 women in India has experienced sexual violence from their husbands. While marital rape is illegal in over 100 countries, including the UK, since 1991, India is one of around 36 nations where the law still allows it. Campaigners argue that forced sex is rape, regardless of the relationship between the individuals involved.
The government maintains that consent for sex is "implied" in marriage, a viewpoint echoed by religious groups and men's rights activists. They argue that the notion of marital rape could disrupt the institution of marriage. The Supreme Court began hearings on this issue after a split verdict from the Delhi High Court in 2022. Contradictory judgements have emerged from the courts, with some allowing husbands to be tried for rape while others have dismissed such petitions
The home ministry emphasized that marriage is a social institution, suggesting that the matter should be handled by Parliament rather than the judiciary. They expressed concerns that criminalising marital rape could significantly impact conjugal relationships and the fabric of marriage itself.
