In the flawed order passed by the respected High Court, nucleus of the decision was absence of injury which means absence of resistance and connotes presence of consent. Thus, the court acquitted all the accused of the charges of rape.
Given the legal opinion and the views of the government in favour of the law, it is unlikely that Section 124A will be scrapped soon. However, the section should not be misused as a tool to curb free speech.
Women are subject to violence not only from husbands but also from members of both the natal and the marital home. Girls and women in India are usually less privileged than boys in terms of their position in the family and society and in terms of access to material resources.
The supreme court needs to understand that their job is not to govern people, their job is to ensure that the people of the country govern themselves in the best possible way