Filed by Prof Madhu Kishwar on behalf of Manushi Trust, Anjali George, and Prof. Bharat Gupt, the application also says that while they believe in the sanctity the institution of marriage, they are equally committed to upholding mutual respect between both partners.

This, they say, is because mutual respect is "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."

Calling for wider participation, it is 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 is 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 agrees 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 adds, "it is equally undeniable that the dynamics of a spousal relationship are different and extremely delicate."

Cause Title: RIT Foundation vs Union of India