Women in India are campaigning harder as the Supreme Court makes disappointing progress in removing the exemption given to the marital sphere from rape criminalization. In other words, Indian law does not recognize marital rape as a criminal offense. This legal loophole leaves millions of married women vulnerable to spousal sexual violence. Statistics suggest that over 10 million married women in India report sexual violence inflicted by their spouse. In May 2022, a split decision by the Delhi High Court brought the matter before the apex court, where it has faced long delays. While campaigners and women’s rights advocates wait impatiently, the fight becomes harder with little hope for progress from the Supreme Court, which operates under the strong influence of the far-right BJP.

Comparatively, in Pakistan, marital rape was criminalized in 2021 under Section 375 of the Penal Code. For a country that does not rank well in Gender Parity indexes, this is a significant win, at least in legal terms if not societal. Based on this landmark legislation, a breakthrough occurred this year when Karachi’s session court sentenced a man to three years in jail for forcing himself on his wife in the unnatural sex act of sodomy. Though the conviction was under Section 377, which penalizes unnatural offenses, the legal community welcomed it as a verdict acknowledging forceful sex between a married couple.

While not a direct application of Section 375, this sentence sets a precedent for future convictions under the said section, paving the way for marital rape to be reported, acknowledged, and punished. For women in Pakistan, 2006 was a decisive year when decades-long activism by invisible women warriors led to more sensible rape laws, abolishing the legacy of the Hudood Ordinances. The year 2021 was another breakthrough when the Parliamentary Committee on Law brought forward the amendment to Section 375 to include non-consensual marital intercourse in the definition of rape, now commonly referred to as marital rape.

The pain is shared by married women seeking legal protection from spousal violence. The fight is long and exhausting, but for women advocates across borders, the story of Pakistani women is a motivation to continue the fight—for better and safer households.