Centre Reaffirms Stance on Marital Rape: No Need to Criminalize, But Consent is Crucial

On October 3, 2024, the Central Government of India made a clear statement regarding the criminalization of marital rape, a topic that has long been the center of debate in India. The government emphasized that while a husband has no right to violate his wife’s consent, it does not see the necessity to criminalize marital rape under the current legal framework. This stance has reignited public discourse about women’s rights and the legal protection of married women from sexual violence.

Under current Indian law, sexual intercourse within marriage, even without the wife’s consent, is not considered rape unless the wife is under 18 years of age. Women’s rights groups and activists have called for a change, arguing that marriage should not be a shield against prosecution for rape. They maintain that non-consensual sexual relations within marriage should be treated as a violation of fundamental rights, similar to any other case of sexual assault.

The government has resisted such changes, citing concerns about the potential misuse of the law and the complexities it could bring to marital relationships. However, it has reaffirmed that existing laws provide adequate protection to women and emphasized the need for societal change in how marital relationships are viewed.

Despite the government’s stance, the debate continues, with growing demands for stricter legal measures to protect the consent of married women. This topic remains a focal point in discussions about gender equality and the protection of women’s rights in India.

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