It is possible to be funny and sinister at the same time. The Indian government's affidavit to the Delhi High Court arguing against making marital rape a crime is comically illogical while appearing quite sinister in its misogyny. But first it must be said that this government did not initiate the fight against criminalizing marital rape. The recommendation to make marital rape a crime has been repeated by advocacy bodies through the years, by the Verma committee report and other reports thereafter. The Indian legislature has always refused - and now the Bharatiya Janata Party-headed government has frankly told the world why. Criminalizing marital rape may destabilize the institution of marriage. This is both comic and sinister: are Indian marriages then based on legalized rape? The reported cases of domestic violence - the tip of the iceberg - would support this, but would any government in its senses make it so obvious?

The Indian Penal Code says that sexual intercourse with a wife not below 15 years is not rape. This tone of condescension disguises the free rein given to husbands regarding their sexual behaviour in bed in direct violation of the principle of gender equality. The affidavit argues that what may appear to be marital rape to the wife may not appear so to others. What others? Is the wife to scream 'no' to her husband from the rooftops? What the government finds unthinkable is that the decision whether the husband's act is rape will rest "entirely with the wife". In its attitude to women, then, this government must find great support in a faith in parts of which women's evidence is considered, although debatably, to be half the weight of a man's. More, says the affidavit, such a law would become an easy tool for harassing husbands. Cases of misuse of the anti-dowry law provide handy illustration. Abuses of laws in favour of women are so common that they are 'invisible'; it is only the misuse of Section 498A that makes the headlines. The government cannot be bothered that most developed countries criminalize marital rape. India is different, with problems of literacy, poverty, women's financial dependence, diversity and society's mindset. The logic is amazing. Is this not precisely why the law should be made? The government and society are identical in mindset - insulting and belittling women while making male violence legitimate.