The Central Government has filed an affidavit in the Supreme Court on marital rape. The government has clearly stated in it that there is no need to bring marital rape under the ambit of crime. The Supreme Court cannot do this. The Center said, the husband certainly has no fundamental right to violate the consent of the wife, but there is an institution called marriage in India. Bringing marital rape under the ambit of crime would be a harsh and wrong decision.

Many petitions have been filed in the Supreme Court, demanding that marital rape be brought under the ambit of crime. But the central government is opposing it. In the affidavit, the government said that married women already have protection. It is not that the woman's 'consent' ends with marriage.

The Union Home Ministry said that the existing Indian laws are sufficient for this, which makes an exception to sexual relations between husband and wife. The central government further said that this issue is more social than legal. It has a direct impact on society in general. Even if marital rape is declared a crime, the Supreme Court cannot do so. It is not in its jurisdiction.

The central government said that all parties will have to be consulted in this matter. All states will have to be consulted. In marriage, proper sexual relations are expected from the partner, but such expectations do not give the husband the right to force his wife to have sexual relations against her will.