Headline
The Centre disagrees with the Criminalisation of Marital Rape and states existing remedies for consent violations in marriage.
Summary
The Union government has filed an affidavit before the Supreme Court of India opposing petitions which were made to criminalise marital rape.The Centre argued that consent within marriage is not erased but under the law treated differently, and existing remedies shows violations of consent without invoking anti-rape laws.
Key Facts
- Case Name: Hrishikesh Sahoo vs Union of India & Anr.
- Judges Name: Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.
- The issue is criminalisation of marital rape and how the law presently treats consent within marriage.
Legal Insights
The Centre opposed that consent violations in marriage should not be treated as rape, stated social and legal contexts. It showcased the already existing remedies like Section 498A (cruelty) of Indian Penal Code(IPC) and the Domestic Violence Act to protect married women.
Impact
The stand of Centre upholds the present legal scenario, which excludes marital rape from Section 375 of Indian Penal Code (IPC), reinforcing the view that only Parliament, not the Court, should amend the law.
Why It Matters
It raises fundamental questions about consent, marriage, and women’s legal rights ,with important implications for gender equality and marital laws in India.
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