The Centre on Monday maintained its stance that marital rape cannot be criminalised in India because of “traditional social structures” and “social realities”. Arguing before the Delhi High Court, the Ministry of Home Affairs said that while the age of consent is 18 and child marriage is “discouraged”, the law “gives protection to husband and wife” in such cases by decriminalising sex with a minor who is older than 15. The rationale for this, the Centre argued, is that “the social, economic and educational development of the country is still uneven and child marriages are taking place.”

The Centre further said that marital rape can only be prohibited when there are “changes in the attitude of the prosecutors, and those in society”. According to Section 375 of the Indian Penal Code, sexual activity with a girl who is under 18 is defined as rape, unless she is married to the man and is over 15 years old.

The high court was hearing a petition that had argued that rape laws in the country have become inconsistent since they were amended in 2013 following recommendations by the Justice Verma committee. The petition, filed by the husband of a 20-year-old, pointed out that while the law protects men from marital rape complaints, Section 377, which deals with “unnatural sex”, does not specify this exception. The petitioner’s wife had accused him of rape using Section 377.