The Delhi High Court sought to find out if there was any study on the impact of criminalising marital rape in Nepal, U.K. and the U.S.A. 52 countries in the world have criminalized marital rape. However India has not done so and a lot of women face violence. The Senior Advocate appearing for the petitioner said that it is so unreasonable as the moment a woman gets married, the level of violence rises and that there was an urgent need of law to protect women against sexual violence.
He explained that before marriage consent of the woman was necessary and that if one has sex with a woman without her consent, it amounted to rape but if one married a woman and did the same thing, he would be immune. Hence a law to protect women is the need of the hour, he argued.