Mumbai, December 12: While the demand to criminalise marital rape is growing day by day, the Indian government told the Rajya Sabha that it has no plans to amend the laws. In a statement to the Rajya Sabha on Wednesday, December 11, the government clarified that there are no plans to criminalise sex between a man and his wife, provided the wife is above the age of 18.

Minister of State for Home Affairs, Bandi Sanjay Kumar, responded to queries on marital rape, affirming that no proposal is under consideration to alter the current legal framework. The minister pointed to existing legal protections under the Bharatiya Nyaya Sanhita (BNS), 2023 and the Protection of Women from Domestic Violence Act, 2005. These laws, he noted, safeguard women's rights and dignity within marriage, with penalties for violations, offering comprehensive remedies without the need to criminalise consensual sexual relations between a husband and wife, provided the wife is of legal age. SC on Marital Rape: Will Decide Constitutional Validity of Laws Granting Immunity to Husband Accused of Forcing Wife for Sex, Says Supreme Court.

Will Government Criminalise Marital Rape?

The government’s stance comes amidst ongoing hearings in the Supreme Court regarding petitions challenging the constitutional validity of provisions that currently shield husbands from prosecution for compelling their wives, who are over 18, into sexual intercourse.

No Plan To Criminalise Sex Between Man and Adult Wife: Govt

Under the now repealed Section 375 of the Indian Penal Code (IPC), which was replaced by the BNS, an exception clause stated that sexual intercourse or sexual acts by a man with his wife provided she was not a minor, did not constitute rape. This exception has been retained in the new law, with Section 63 of the BNS specifying that sexual intercourse or acts by a man with his wife if she is above 18 years old, is not considered rape. HC on Sex With Minor Wife: Man Having Consensual Sexual Intercourse With Wife Under 18 Can Be Booked for Rape, Says Bombay High Court.

The central government has opposed the criminalisation of marital rape in its petition before the Supreme Court, arguing that such a move could have serious implications for the institution of marriage. The Centre highlighted concerns over the potential misuse of the amended provisions, citing challenges in proving consent in marital relationships.

The government further stressed that special provisions already exist to protect married women and that the issue should be considered in a broader societal and cultural context beyond a purely legal approach.

(The above story first appeared on LatestLY on Dec 12, 2024 12:13 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).