Scandalous 'rape' decision by Indian government stirs the country

The Indian government has opposed petitions demanding that marital rape be criminalized, arguing that existing laws sufficiently protect married women. The request for legal reform, currently being debated in the Supreme Court, was met with the government's argument that marriage is a "social institution" and that criminalizing rape within it would negatively affect the marital relationship.

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The Indian government has opposed petitions submitted to the Supreme Court demanding that marital rape be criminalized.

In a statement issued by the Federal Ministry of Home Affairs, it was stated, "We cannot say that a man has a fundamental right to force his wife into sexual intercourse, but we have sufficient laws to protect married women against sexual violence. The crime in question is quite harsh and excessive."

The Supreme Court is debating petitions requesting the amendment of the law that states a man cannot be prosecuted for rape within marriage.

According to a study conducted in India, domestic violence is widespread in the country, and one in 25 women experiences sexual violence from their husband.

In a 49-page affidavit submitted by the government to the Supreme Court, it was stated that marriage is a "distinct class of relationship" and possesses a "complete ecosystem" of laws, rights, and obligations.

'COULD LEAD TO SERIOUS DISRUPTIONS IN THE INSTITUTION OF MARRIAGE'

It was also stated that criminalizing marital rape "could seriously affect the marital relationship and lead to serious disruptions in the institution of marriage."

The report also added that there is a "continued expectation of reasonable sexual access from a spouse" in marriage and that there are existing laws regarding domestic violence, sexual harassment, and assault that protect the rights of married women.

The Ministry of Home Affairs, stating that marriage is a social institution, said that the issue raised in the petitions is more of a social matter than a legal one, and therefore the authority to determine policy should be left to the parliament.