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MUMBAI — India’s government has asked the country’s top court not to toughen criminal penalties against marital rape during an ongoing case brought by campaigners seeking to outlaw it.
India’s interior ministry filed an affidavit to the Supreme Court on Thursday stating that while marital rape should result in “penal consequences”, the legal system should treat it more leniently than rape committed outside of marriage. “However, attracting the crime in the nature of ‘rape’ as recognised in India to the institution of marriage can be arguably considered to be excessively harsh.”The government’s statement said that marital rape was adequately addressed in existing laws, including a 2005 law protecting women from domestic violence.
Another section of the penal code punishes broadly defined acts of “cruelty” by a husband against their wife with prison terms of up to three years.
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