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Centre opposes criminalisation of marital rape in Supreme Court

The Business Guardian

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October 04, 2024

NEW DELHI The Centre on Thursday filed an affidavit in the matter relating to marital rape and said that striking down Exception 2 of Section 375 of IPC on the ground of its constitutional validity will have a far-reaching effect on the institution of marriage and needs a comprehensive approach rather than a strictly legal approach.

Centre opposes criminalisation of marital rape in Supreme Court

The Centre stressed that it should not be interfered unless a separate suitably tailored penal remedy is provided by the legislature.

The centre affidavit was filed in response to the petitions challenging the constitutional validity of the Exception 2 to Section 375 of Indian Penal Code, which decriminalises rape by a husband on his wife.

Notably, Exception 2 to Section 375 of the Indian Penal Code, which defines rape, states that sexual intercourse by a man with his wife is not rape, unless the wife is below 15 years of age.

Centre informed the Supreme Court that criminalisation of marital rape may severely impact the conjugal relationship and may lead to serious disturbances in the institution of marriage.

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