Since independence, Indian laws for women have changed for the better. But some rulings have sparked debates. Recently, a High Court in India courted controversy when it stated that domestic rape and unnatural rape is not a legal crime. It raises inquiries about women’s fight against domestic abuse and protection. On International Women’s Day, we speak on this legal battle for women.

Verdict on verdict

Adv. Virat Vilas Pawar, a family lawyer practising in Mumbai High Court, calls rape as forced sex intrinsically wrong. “However, just as it is commonly believed that a woman cannot rape a man (as there are no provisions to protect men from rape), there is also a misconception that rape cannot occur between a husband and wife. This is incorrect because even a married woman has the right to say no to her husband. Unnatural sex, which refers to anal or oral sex, is a matter of personal preference between couples and is acceptable only when consensual.”

Dr Malini Saba, a psychologist, human and social rights activist, global advocate for women and girls, and the founder of the Ananke Foundation, calls the verdict deeply disturbing. “Rape is rape, whether inside or outside of marriage. It’s a forced act, and forcing someone into an intimate act without consent is, by definition, a violation of their body and dignity. Marriage does not erase a person’s right to say no. It’s truly disappointing to see that, even today, we find ourselves debating a woman’s autonomy over her body after marriage.”

According to Smita Bharti, Executive Director, Sakshi – a rights-based NGO, the verdict not only denies justice to the survivors but also ‘reinforces a system where women’s bodily autonomy is disregarded’. “If consent is fundamental to any sexual act, why should marriage erase it? Why is a husband’s desire legally recognised but a wife’s refusal dismissed? By refusing to acknowledge marital rape, the law sustains a culture that prioritises perpetrators’ rights over survivors’ justice. This denial is rooted in deep barriers of shame, stigma, and silence — barriers that prevent survivors from seeking justice and enable violence to........

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