Page 4 - Section 375 News Today

The patriarchal presumption that one has to address, especially as feminists, is the perception that vaginal violation is a graver form of violence than any other brutality.

The Centre also told the court not to ‘blindly’ follow Western countries while hearing pleas asking for non-consensual sex in a marriage to be treated as rape.

Is the violation of a victim’s sexual autonomy by her husband qualitatively different enough from a violation by a stranger for it to be labelled differently or punished differently?

Exception 2 to IPC’s Section 375, which defines rape, says that sexual intercourse by a man with his wife is not rape, unless she is below 15 years of age.

The Union government, on January 13, had told the high court that it was considering a constructive approach to the issue of criminalising marital rape.

Senior advocate Colin Gonsalves, appearing for one of the petitioners, contended that neither the families nor the police authorities come to the help of marital rape survivors.

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The court said it would see if exception-2 to Section 375 of the IPC could be termed as "manifestly arbitrary and makes a woman’s fundamental right to sexual autonomy subject to the whims of her husband".

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