Under Section 375, Exception 2 of the Indian Penal Code, a man cannot be charged with rape if he has sexual intercourse with his wife, provided she is over 18.
This provision is being contested in the Supreme Court of India, with the government supporting the exception.
Arguments Supporting the Marital Rape Exception (MRE)
The government argues that marriage creates an expectation of reasonable sexual access, differentiating it from other relationships.
Critics question who defines "reasonable sexual access" and whether it’s subjective or objective.
The argument suggests recognizing marital rape would undermine marriage as an institution.
Fears that legal recognition of marital rape could lead to false allegations are raised, though critics argue misuse can happen in any crime.
Counterarguments Against the MRE
Critics argue that the notion of an expectation of sexual access is not legally sound and does not justify the exception.
The government claims marital rape is a social issue, but critics argue that laws regulate social behavior and the distinction is not clear-cut.
While the legislature decides criminal offenses, the Supreme Court can assess the constitutionality of existing laws, including MRE.
COMMENTS