India's government is urging the Supreme Court to reject efforts to update a 160-year-old rape law, arguing it could disrupt "the institution of marriage."

The Indian government has opposed petitions in the top court that seek criminalisation of marital rape, saying it would be "excessively harsh". The federal home ministry told the Supreme Court that "a man does not have a fundamental right" to force sex on his wife, but there were enough laws to protect married women against sexual violence.

The Indian government opposed calls to label non-consensual sexual acts by a husband on his wife as “rape”, saying it may impact conjugal relationships and disturb the institution of marriage. In its submission to the Supreme Court,

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.

Entering a marriage, a woman gives "implied" consent for sex with her husband, India's government told the country's Supreme Court on Thursday as it faces off against challengers to a 164-year-old law.

India's government has insisted that marital rape should be treated more leniently than other rape offences in an ongoing Supreme Court case brought by campaigners seeking to outlaw it.