Marital Rape Criminalization: A Debate Over the Institution of Marriage in India -

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The issue of criminalizing marital rape has sparked a significant debate in India, with the government recently expressing concerns that such a move could deeply impact the institution of marriage in the country. According to a statement made by the Union Government, criminalizing marital rape may open a floodgate of litigation, potentially undermining the sanctity and stability of marriages.

The government’s stance, as presented in a Delhi High Court case, highlighted concerns over how the criminalization could be misused, leading to false accusations and destabilizing families. The government also emphasized that India’s socio-cultural fabric, which views marriage as a sacred bond, would face significant repercussions. This has led to a heated public discourse, balancing the rights of women against the concerns of misuse and cultural sensitivities.

While many activists and legal experts argue that non-consensual sex, even within marriage, is a violation of fundamental rights and bodily autonomy, the government remains cautious, urging a more measured approach to avoid unintended consequences.

This debate comes in the backdrop of growing calls for gender justice and the recognition of marital rape as a criminal offense in India, a country where the legal system currently does not recognize it as a distinct crime. The government’s concerns add a complex layer to the ongoing conversation around consent, marriage, and gender rights in the country.