Rajshekhar Rao , Amicus Curie in RIT Foundation vs Union Of India, explains in court that rape is a rape and a rapist is a rapist, no amount of classification based on relationships can be used as a defense. Rao submitted that the foundational basis of Section 375 is consent and therefore the penalization is as a result of doing the act without consent. He submitted that the act of non-consensual rape is repugnant and inherently offensive of the fundamental right to life and liberty secured by Article 21 in any context.
To my opinion, Amicus Curiae, supporting that exception 2 shall be struck down from section 375 is upright in the interest of public spirit and justice as marriage doesn’t mean only consent for sex . Classification based on marital status, giving married women less protection as compared to unmarried women is arbitrary. Denial of her right to prosecute her husband for the forced act is crucification of human rights because consequences on women are grave and irreversible to a large extent.
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