New Delhi/ The Centre Thursday told the Supreme Court marital rape should not be criminalised as there are other "suitably designed punitive measures".

The Narendra Modi government said it is not within the jurisdiction of the Supreme Court to criminalise marital rape.

The Centre said the issue of marital rape is more social rather than a legal one, as it will have a direct effect on society.

This issue (marital rape) cannot be decided without proper consultation with all stakeholders or without taking into account the views of all states, the Centre said.

While the Centre accepted that any violation should result in penal consequences, it added the consequences of such violations within marriages are different from violations outside marriage.

In a marriage, there is a continuing expectation of proper sexual relations from one's spouse, but such expectations do not give a husband the right to force his wife to have sex against her will, the government said.

The Centre said punishing a person under anti-rape laws for such an act may be excessive and disproportionate.