Chhibber, Pradeep, and Nirvikar Jassal. 2018. “Next Steps after the 377 Judgment: It Is Time That Marital Rape Is Criminalised.” The Hindu, October 11, 2018.
Micro-level crime data show that a majority of those who utilized the anti-sodomy law in India---a law that was rightfully ejected from the statutes by the Supreme Court---are in fact married women. Even though the law was used as a tool to vilify the Indian homosexual community, in practice it was often utilized by married women who were being physically abused and raped by their husbands to ensure that their spouses were arrested. Unfortunately, India does not have a law against marital rape, and women were forced to turn to such broadly phrased rules to seek justice. In this way, we argue that an inadvertent negative effect of the Supreme Court judgement is that married women will have one less tool with which to punish abusers.