In Delhi High Court a bunch of petitions filed for criminalizing marital rape. In response the central government said that they are considering the criminalization of marital rape after the discussion with the concerned members.
These petitions seek the amendment of section 375 of Indian Penal Code, 1860.
Petitioner said that the women are always victim of patriarchal society and marriage as license to forceful sex is against woman dignity.
The exception to section 375 of IPC says that the sexual intercourse by man with his own wife who is not below 16 yrs of age is lawful, although by court judgments the age increased from 16 to 18 for wife.
According to the section the husband cannot be guilty of rape as the wife given to her husband all the rights over her by way of matrimonial mutual consent during marriage, by which now she cannot take her consent back.
In 17th century when the second wave of feminism raised its concern against this many countries like Austria, Scandinavian and all the European countries criminalized the rape committed during marriage.
This exception 2 of 375 IPC is against the gender equality, right to equality, right to freedom of speech and expression and right to life with personal liberty.
In response the government said this can destabilizes the institution of marriage. And its also become an instrument for harassing husband.