Filed by Prof Madhu Kishwar on behalf of Manushi Trust, Anjali George, and Prof. Bharat Gupt, the application also stated that while they believe in the sanctity the institution of marriage, they were equally committed to upholding mutual respect between both partners.
Background -
Previously,an intervention application was soought to assist the court in the ongoing matter stating that keeping in mind the doctrine of separation of powers, even a constitutional court does not have the power to strike down the exception.
Filed by Manushi Trust through Prof. Madhu Kishwar, one Anjali George, Prof. Bharat Gupt, stated that such an issue can and must be decided only by the Legislature after due deliberation in Parliament, by elected representatives representing diverse communities of India.
The application stated that, "Since a law on marital rape will impact the most intimate personal relations within every single marriage in Bharat, its implications and architecture need to be carefully evaluated."
This, they said, was because mutual respect was "the essential foundation of a dignified marriage. They affirm that forced or violent sex on a partner cannot be justified on the grounds that the two are legally wedded."
Further calling for wider participation, it was said that, "Given the serious implications of institutionalizing a law on marital rape," "the least we require is a baseline study to be undertaken by the Law Commission or a Joint Parliamentary Committee."
This was to ensure that, "stakeholders, including and especially women, from across the country may have the opportunity to participate and present their views in the matter."
The application agreed that "mutual consent is equally important or perhaps even more important in a marriage given that both spouses have greater responsibility to protect the dignity of the partner and respect the latter’s right to bodily integrity and sexual agency."
However, it added, "it is equally undeniable that the dynamics of a spousal relationship are different and extremely delicate."
[Case Title - RIT Foundation vs Union of India]