In our opinion - What marital rape judgement means to women

In May 2022, the Delhi High Court delivered a verdict on several petitions seeking to remove the marital rape exception in the rape law. Section 375 of the Indian Penal Code excludes sexual intercourse between a married couple. The verdict was split with Justice Rajiv Shakder ruling in favour of removing the exception, and Justice C Hari Shankar dismissing the petition.  

In this episode, we try to discuss our opinion on the judgement, especially the dissenting verdict which seeks to keep the marital law exception in the rape law. Suno India’s Padmapriya DVL and Menaka Rao discuss the judgement threadbare, thinking aloud about the implications of this judgement 

Delhi High Court marital rape judgement
Independent Thought vs. Union of India and Anr.
Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court’s split verdict – The Hindu
Conjugal rights before the Supreme Court | Explained News,The Indian Express
National Family Health Survey (NFHS-5), 2019-21
Women and Consent Carole Pateman Political Theory, Vol. 8, No. 2. (May, 1980), pp. 149-168.

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