Law & Governance

Delhi HC Rules In Favour Of Marital Rape Argument

BP World Bureau | Jan 15 2022 04:09:37 PM
Image credits: Twitter

NEW DELHI: Delhi high court said that women have the right to say no to sexual intercourse irrespective of their marital status.
"A sex worker has the right to say no to a client so why not a wife?" observed the court.
Amicus curiae Rajshekhar Rao said that every other woman, including a sex worker, has the right to deny sex but not Indian married women.
High Court was hearing a group of petitions challenging the legal provision that exempts sexual intercourse between husband and wife from the purview of rape.
Marital rape was disregarded by both lawyers and politicians. Politicians often argued about the importance of the sanctity of marriage as an institution while disregarding marital rape.
A section of people also expressed concerns regarding the misuse of the law against marital rape.
However, women's rights organisations argued how sexual violence by husbands is often read down by the court.
Advocate Nandita Rao, representing the Delhi government during this hearing, told the court that women can opt for divorce. Indian law permits men to divorce their wives if they are denied sex.