NEW DELHI: The All India Democratic Women's Association, a women's organization of the CPM, filed a petition in the Supreme Court stating that the exemption given to marital rape is a violation of the Constitution and that it should be made a criminal offence. The association pointed out in the petition that any sexual activity without the consent of the partner is a criminal offence.
AIDWA said that there is no constitutional distinction between married women and unmarried women for the purposes of rape law- hence, the law must protect the right of both to consent. A division bench of the Delhi High Court had given a split verdict on a petition on whether spousal rape is a criminal offence. AIDWA moved the apex court against this verdict.