The government further argued that including such activity as a crime could destabilize the delicate balance of marital relationships and cause significant disruption to the institution of marriage. It claimed that the law may be misused in the future, as proving whether consent was given is difficult for individuals. The government also added that marital rape should be treated more leniently than extramarital rape.
Marital rape has long been a controversial issue in Indian society. A government survey conducted between 2019 and 2021 found that six percent of married women aged 18 to 49 reported being sexually assaulted by their spouses, which amounts to about 10 million people.
However, legal punishment is almost nonexistent. Although those convicted of rape face a minimum of 10 years in prison, there is an exception if the perpetrator is the spouse, due to a legal clause from the 19th century when India was under British colonial rule.
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