Wife has the Right to say 'NO' to Sex in a Marriage

The Delhi High Court has ruled that marriage does not imply that a woman is always ready to have physical relations with her husband while declaring that both men and women have equal rights to say 'NO' to physical relations with each other. The Court has also observed that the definition of rape has completely changed. The use of physical power and injuries on the victim's body is not important to prove the offence of rape. The Court is of the view that marriage does not imply that a wife is always willing and ready to have sex with her husband and it is important for the husband to prove to the Court that his wife had consented to have physical relations with him. The court has given this view while hearing requests to make marital rape an offence. The Court has also disagreed with the view taken by the NGO Men Welfare Trust that marital rape should not be made as an offence as a wife is already protected from sexual violence in a marriage, sexual intercourse without her consent, and unnatural sex under the relevant laws. On the other hand, the Centre has opposed the petition stating that marital rape cannot be made an offence as the same would destabilize the institution of marriage and may become a tool to harass husbands. The Court has stated that physical force is not a precondition for rape. A man giving financial threats to his wife to have sex with him lest he would not bear the expenses of the children and her family would also amount to marital rape.