The Indian government has recently argued against classifying marital rape as 'rape' in ongoing Supreme Court hearings. While the government acknowledges that a husband has no right to violate his wife's consent, it believes labeling non-consensual acts in marriage as 'rape' could be seen as disproportionate. It argues that the complexities of marriage require different legal treatment compared to non-marital scenarios. The government suggests that existing laws protect women from abuse within marriage, but stops short of endorsing full criminalization of marital rape.
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