The Delhi High Court on Wednesday heard arguments on a Public Interest Litigation on marital rape, before adjourning the case to September 4. During the hearing, Acting Chief Justice Gita Mittal quoted a ruling of the Philippines Supreme Court, which held forced sexual intercourse, even in a marriage, as criminal.

Mittal’s statement was in response to the petitioners arguments on marital rape. Advocate Colin Gonsalves, who is representing the petitioner, quoted judgments of courts in Nepal, the United States and the European Union, as well, to present his case.

“To say a husband can rape his wife after marriage is to deny independent existence to women,” the lawyer said, quoting a 2001 verdict of the Nepal Supreme Court

On Tuesday, the Centre told the Delhi High Court that criminalising marital rape may destabilise the institution of marriage. The government had cited the misuse of Section 498A of the Indian Penal Code and said that if criminalised, the accusation of marital rape would become an easy tool for harassing husbands.

By this section of the law, a husband and his family can be arrested without any investigation if a wife or her relative files a complaint claiming the man or his family have abused her mentally or physically.

RIT Foundation and the All India Democratic Women’s Association are the lead petitioners in the case. A victim of marital rape has also joined the case as an intervener.