The ruling was made just over a year after the Indian government strengthened its rape laws and increased sentences amid a public outcry over the gang-rape and murder of a student on a Delhi bus.
The changes were based on the recommendations of the Verma Committee, headed by the late Justice Verma, who also urged the government to criminalise rape within marriage.
"Under the Indian Penal Code sexual intercourse without consent is prohibited. However, an exception to the offence of rape exists in relation to un-consented sexual intercourse by a husband upon a wife. The Committee recommended that the exception to marital rape should be removed. Marriage should not be considered as an irrevocable consent to sexual acts,” the Committee said in its report.
His recommendation however was rejected amid fears that it would encourage false cases and damage the institution of arranged marriages which are usually based on financial deals between families.
"Rape within marriage is not illegal in India which says everything about the position of women. We are donated for marriage rather than enter it as a partner. The ownership is with the man and whatever he does after marriage is acceptable", said Ranjana Kumari, a women’s rights campaigner who lobbied members of parliament on the issue.
Nilanjana Roy, a leading author and campaigner, said the law as it stands in India offers no protection to women raped by their husbands but can intervene in cases of domestic violence.
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