Pleas Challenging Marital Rape Exception : Live Updates From Supreme Court

Gonsalves : 40% of men in a survey done in states like UP etc said that its not a problem to force wives for sex

Gonsalves : In Nepal, it doesn't derogate the institution of marriage (criminalizing marital rape) on the other hand it gives a very nice answer - that abuse and rape in the marriage would derogate and degrade the institution of marriage

Gonsalves refers to his submissions

Gonsalves: this is a marital rape abuse case...

Nandy also mentions that certain Mens' Rights Associations have filed interventions against the petitioners side

Sr Advocate Collin Gonsalves begins his submissions

Nandy: this is people v. Patriarchy, this is why we have come to the Court

Nandy closes her arguments 

Nandy: the entire the protective regime of the victim will come into play for the wife if considered rape .....in addition the accused will also have some protection under BNS

J Pardiwala : so should the husband take that NO or file the divorce?

Nandy: the husband may just wait for the next day, be more charming, talk to her if she has a headache? (smiles)

J Pardiwala : if wife declines, she believes that the husband should not have done it, and next day she goes and lodges FIR that this is what happened, then how do you percieve

Nandy: currently my right to say no is equivalent to my right to say free and joyful yes

J Pardiwala : we are setting a situation that the husband goes to the extent of assaulting wife, behaving rude etc but when the final act is committed- the Court says that all these acts are prosecuted but the rape