Issue 2 – whether the requirement of spousal consent violates the sanctity of marriage as

espoused by the Indiacan societal value and morality

Ans –
Marriage is a sacred union of two souls, it is an institution by virtue of which a sacrosanct bond
between two individuals is created.
The sanctity that such relationship has arises only from the exceptional sharing and trust that
such relationship involves, and cannot be sustained on external notions of unity and obligation.
This would matter tremendously in helping the woman regain some measure of confidence.
In the case of Suchita v. Chandigarh Administration (2009), the Supreme Court observed that the
right to choose in relation to sexual activity with that of personal liberty, bodily integrity, dignity,
and privacy, is protected by Article 21 of the Indian Constitution. In the case of Suchita v.
Chandigarh Administration (2009), the Supreme Court observed that the right to choose in
relation to sexual activity with that of personal liberty, bodily integrity, dignity, and privacy, is
protected by Article 21 of the Indian Constitution. In Govind v. State of M.P. (1975) and Kharak
Singh v. State of U.P (1962), the Supreme Court held that forced sexual cohabitation is a breach
of fundamental rights as the right to abstain from sexual intercourse is a recognized principle of
Indian Constitutional Jurisprudence. It is a food for thought that despite the constitutional rights
that guarantee equality, dignity, life and personal liberty enshrined in Articles 14 and 21 of the
Indian Constitution being available to all individuals alike, how the Indian legal system has
failed to recognize the vile and depraved act of marital rape that grossly violates these
inalienable rights of women, as a crime.
In India, since marriage is considered to be sacrosanct, the legal forces refuse to interfere in the
“personal affairs” between a husband and a wife. It is not a question of law, but interpersonal
matters that to be mutually resolved on their own.
Consent is the key word here. It is of crucial importance to obtain consent of one’s partner every
time one engages in sexual relations. The generic meaning of consent is when a person agrees to
the offer or desires of another person. Sexual consent refers to consent to engage in sexual
activity, in absence of which the said sexual activity is considered to be rape.
The sanctity of marriage and the importance of one’s moral duty is highlighted in the facts of the
case. However, it is also emphasized that illicit affairs and prostitution has exited since ancient
times in the society of Indica.
To indulge in illicit affairs surely violates the sanctity of marriage but the requirement of spousal
consent to carry on the profession of prostitution ensures that the sexual activity, though outside
the wedlock, does not in