The Rajya Sabha was informed on Wednesday (December 11) that there are no plans to criminalise sexual acts between a man and his wife, provided she is above 18 years of age. The government clarified that no such proposal is being considered.
In response to a question on marital rape, Bandi Sanjay Kumar, the Minister of State for Home Affairs, explained that the Bharatiya Nyaya Sanhita, 2023 (sections 74, 75, 76, and 85) and the Protection of Women from Domestic Violence Act, 2005, provide sufficient legal protection for women in marriage. These provisions ensure that a woman’s rights and dignity are safeguarded, with penalties for violations offering a comprehensive remedy without the need to criminalise sexual acts between a man and his wife, as long as she is above 18 years of age.
Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
Under the new law, Exception 2 to Section 63 (Rape) says that “sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.”
The central government has opposed the criminalisation of ‘marital rape’ in a petition before the SC, stating that it could have serious implications on the institution of marriage. The Centre stated that in the rapidly evolving social and family structures, the misuse of the amended provisions cannot be ruled out, as proving consent would be difficult and challenging.
The Centre added that special provisions have been provided to protect married women, stating that the matter needs to be looked at beyond just a legal lens. (PTI)
