Unpacking the Centre’s affidavit on marital rape

The Centre’s affidavit supporting the Marital Rape Exception (MRE) in the Indian Penal Code is based on the argument that marriage creates a continuing expectation of sexual access, which justifies the distinction between rape within and outside marriage. However, this argument is vague and questionable, as it raises concerns about individual autonomy and dignity. The Centre also argues that recognizing marital rape could affect the institution of marriage and lead to false allegations, but there is no evidence to support this claim. The Court must assess the constitutionality of MRE, and the legal merit of the arguments in favor of it remains in doubt.