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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.