Lawyer in marital rape case says women cannot be used as commodities

The Delhi High Court heard on Monday that a woman cannot be treated as a commodity with no rights to say no, the advocate for the petitioner in the criminalization of marital rape matter said.

In this case, a bench of Justices Rajiv Shakdher and C. Hari Shankar heard protests against the exception to Section 375 of the Indian Penal Code (IPC) as well as a motion for a declaration of marital rape as a crime.

"We will discuss the issue of punishment, as it does no good for either the victim or the perpetrator. Exceptions are completely separate from that concern. Karuna Nundy, who represents petitioner NGOs RIT Foundation and All India Democratic Women's Association, stated this in her rebuttal submission.

Marriage does convert him to a non-rapist, she added. "A rapist does not remain a rapist," she said.

According to Mundy, her arguments were categorized into three parts.

Secondly, the question that must be addressed is the independent thought test that must be applied to the judgment of the SC. Our constitution requires us to travel to a destination of constitutional morality. Lastly, we are going to discuss the marital rape argument, which is pre-independence and does not have application of mind.

'Three simple words have given women universal suffrage, the right to work, the right to worship, and the right against divorce,' she stated.

The arguments are going to continue on Tuesday following Monday's inconclusive conclusion.

Lead attorney Rebecca M John, who is serving as amicus curiae in the case, told the court earlier that a marriage can have a sexual relationship.

She had argued that expectations cannot be penalized. A spouse can seek civil remedies for an expectation that becomes a physical act if coercion is involved. However, if this physical act is based on force and coercion, then it is an offence," she had said.

The Centre had recently filed a fresh affidavit in the high court, in response to a clutch of petitions to criminalise marital rape, maintained that it was examining the issue of broad changes in criminal law of the country and that the petitioner could also give their suggestions to the competent authorities.