Part of: Prelims and GS-II Policies and interventions
Context: The Supreme Court is expected to begin hearing a fresh challenge to the provision allowing restitution of conjugal rights under Hindu personal laws.
About Conjugal rights
Section 9 of the Hindu Marriage Act, 1955 deals with restitution of conjugal rights.
It recognises one aspect of conjugal rights — the right to consortium and protects it by allowing a spouse to move court to enforce the right.
Conjugal rights are rights created by marriage, i.e. right of the husband or the wife to the society of the other spouse.
The law recognises these rights— both in personal laws dealing with marriage, divorce etc, and in criminal law requiring payment of maintenance and alimony to a spouse.
Conjugal Rights includes:
Living together: The spouses or the married couple should live together
Marital intercourse: The spouses or the married couple have rights and duties together with each other and have physical or sexual relationships.
Comfort to each other: The spouses should give comfort to each other like; emotional and mental comfort.
Matrimonial Obligation: The married couple is supposed to share the responsibility of the households as well.
Why has the law been challenged?
Main ground is that it is violative of the fundamental right to privacy.
It amounted to a “coercive act” on the part of the state, which violates one’s sexual and decisional autonomy, and right to privacy and dignity.
The provision disproportionately affects women. Women are often called back to marital homes under the provision, and given that marital rape is not a crime, leaves them susceptible to such coerced cohabitation.
Also in question is whether the state can have such a compelling interest in protecting the institution of marriage that it allows a legislation to enforce cohabitation of spouses.
