The Central Government has declined to classify forced sexual relations without a wife's consent after marriage as a crime. On Thursday, the government informed the Supreme Court that marital rape is primarily a social issue rather than a legal one. In its affidavit, the Center warned that criminalizing marital rape could severely disrupt married life and emphasized the need to consider broader social implications and Parliament's stance before any judgment.
What is Exception 2 of Section 375, also known as Section 63?
Several petitions have challenged the constitutionality of the marital rape exception in Indian law, prompting the Central Government to submit its affidavit on October 3. Under Exception 2 of Section 375 of the Indian Penal Code (IPC), rape charges cannot be filed against a husband if his wife is not a minor and consents to sexual relations. Although this provision was reclassified to Section 63 in the Indian Judicial Code (BNS) earlier this year, Exception 2 remained intact.
The Central Government argued against its unconstitutionality, stating that labeling marital rape as a crime could have dire consequences for marital relationships and destabilize the institution of marriage. The Center noted that the potential misuse of amended provisions in a rapidly evolving social and familial context would make it challenging to prove consent. While the government acknowledged that husbands do not have a fundamental right to violate their wives' consent, it emphasized the social institution of marriage.
The Center concluded that criminalizing marital rape would be an extreme and misguided decision. Abolishing Exception 2 of Section 63 as unconstitutional could disrupt marital relations and lead to significant issues in married life, contributing to instability between husbands and wives.