Supreme Court of India: Debate on Marital Rape Law
Introduction
The Indian government has submitted an affidavit to the Supreme Court regarding the issue of marital rape. The focus is on Exception 2 of Section 375 of the Indian Penal Code (IPC), which states that a husband cannot be charged with raping his wife unless she is under 15 years old.
Government’s Stand
The government argues that removing this exception could have significant impacts on marriage and family structures. They believe that a comprehensive approach is needed rather than a purely legal one. The affidavit suggests that criminalizing marital rape could disrupt marriages and lead to misuse of the law.
Legal and Social Implications
The government emphasizes that the issue is not just legal but also social. They argue that the Parliament, being aware of various opinions, decided to retain the exception in 2013. The affidavit also mentions that the Law Commission’s 172nd Report advised against removing the exception due to potential interference in marital relationships.
Opposition and Legal Challenges
Several petitions have been filed challenging the exception, including one against a Karnataka High Court judgment. The All India Democratic Women’s Association (AIDWA) has also moved the Supreme Court, arguing that the exception violates constitutional rights.
Conclusion
The debate continues as the Supreme Court considers the socio-legal implications of marital rape laws in India. The government maintains that any changes should respect the legislative choices made by Parliament.
Doubts Revealed
Supreme Court of India -: The Supreme Court of India is the highest court in the country. It makes important decisions on legal issues and ensures that laws are followed correctly.
Marital Rape -: Marital rape refers to a situation where a husband forces his wife to have physical relations without her consent. In India, there is a debate about whether this should be considered a crime.
Exception 2 of Section 375 IPC -: Section 375 of the Indian Penal Code (IPC) defines what constitutes rape. Exception 2 states that a husband cannot be charged with raping his wife unless she is under 15 years old.
Affidavit -: An affidavit is a written statement made under oath. It is used in court to present facts and information.
Constitutional Violations -: Constitutional violations occur when a law or action goes against the principles set out in the Constitution of India, which is the supreme law of the land.
