The Centre has filed an affidavit in the Supreme Court regarding the issue of marital rape, stating that it has significant socio-legal implications for the country and requires a comprehensive approach rather than a purely legal one.
The Centre emphasised that the matter is not only constitutional but also deeply social, and that Parliament, after considering various viewpoints, opted to retain Exception 2 to Section 375 of the IPC during its amendment in 2013.
This position highlights the complexity of the issue and the need for a thoughtful legislative approach.
The Centre informed the SC that striking down Exception 2 of Section 375 of IPC on the grounds of its constitutional validity will have a far-reaching effect on the institution of marriage, and that it may severely impact conjugal relationship and may lead to serious disturbances in the institution of marriage.
"In the fast-growing and ever-changing social and family structure, misuse of the amended provisions can also not be ruled out, as it would be difficult and challenging for a person to prove whether consent was there or not," Centre tells SC.