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 top court is hearing petitions seeking to amend a British-era law that says a man cannot be prosecuted for rape within marriage.

Violence within marriage is rampant in India - according to a recent government survey, one in 25 women have faced sexual violence from their husbands.