BEYOND OWNERSHIP: The Vagina, Law, and the Unfinished Fight for Autonomy
| Adv. Kanika Jaitely - 08 Aug 2025

Vagina is Neither Masculine Nor a Man's Property 

By Adv Kanika Jaitely

A woman does not give up her right to consent when she says ‘I do.’ The assumption that a wife must always be sexually available is a gross violation of her dignity and bodily integrity. The psychological and physical burden women bear is often invisible. From managing menstruation in silence, to enduring the intense pain of childbirth, to balancing societal expectations with career aspirations—many women report feeling lost in their own lives by the time they reach their 40s. Menopause is ironically the time when many women begin to understand freedom—because for the first time, society stops seeing their vagina as useful.

 

"Her body was never a battlefield, yet they built empires over its silence." — Anonymous

 

But freedom must not come as a consolation prize at the edge of fertility. It must begin in the cradle, bloom in the classroom, and be enshrined in law.

New Delhi, August 8, 2025 — In a society that reveres femininity yet often controls it, the female body—particularly the vagina—has long been at the center of cultural, religious, and legal conflicts. A growing number of women’s rights advocates, legal scholars, and social commentators are raising urgent concerns about how patriarchal structures continue to deny women autonomy over their own bodies. 

She was born whole. But from the moment she could walk, the world began slicing her into pieces—daughter, sister, wife, mother. At each turn, someone else claimed custody over a part of her. Her words were too loud, her silence too provocative. Her laughter was watched; her body, policed. And her vagina—oh, that most politicized piece of flesh—was not hers, but the property of honor, of husbands, of law, of shame.

Legally, Indian law recognizes a woman's right to her body. The landmark Supreme Court ruling in Suchita Srivastava v. Chandigarh Administration (2009) emphasized that reproductive rights are a dimension of personal liberty under Article 21 of the Constitution. Yet, in practice, this autonomy is frequently undermined by family, community expectations, and even the legal system itself.

The "Honor" Narrative: A Legacy of Control

From a young age, many girls are taught that their worth is intrinsically tied to their "purity"—a euphemism for virginity. This idea, passed down generations, ties a woman's vagina to the "honor" (izzat) of her family. The implication is stark: if violated—whether by choice or by force—it brings shame not to the perpetrator, but to the woman and her kin.

This shame culture systematically disempowers women. It shifts responsibility from abusers to victims, and continues to normalize sexual violence under the guise of tradition. 

Consent Within Marriage: A Legal Grey Area

While rape is a punishable offense under Section 375 of the Indian Penal Code (IPC), marital rape remains legal in India—despite calls from the United Nations and domestic human rights bodies to criminalize it.

Under current law, a husband cannot be prosecuted for non-consensual sex with his wife if she is above the age of 15. This exemption has come under intense scrutiny, especially following recent petitions to the Supreme Court challenging its constitutionality.

A woman does not give up her right to consent when she says ‘I do.’ And yet, across beds draped in tradition and courtrooms cloaked in delay, her body is treated as communal inheritance—a terrain where pleasure must be rationed, pain must be endured, and desire must be denied.

Periods, Pregnancy, and Pressure: The Invisible Burden

The psychological and physical burden women bear is often invisible. From managing menstruation in silence, to enduring the intense pain of childbirth, to balancing societal expectations with career aspirations—many women report feeling lost in their own lives by the time they reach their 40s.

The burdens she bears are not only physical—they are spectral. Period stains are hidden like sins. The screams of childbirth are muffled in shame. The weight of societal expectation presses harder than any womb ever has. By the time she reaches her forties, many women do not recognize the reflection they see. They have been mothers, employees, nurturers—but rarely, simply women.

It is only in menopause—a cruel irony—that some taste the air of autonomy. The world begins to ignore the body it once so anxiously governed, and she, at last, can listen to herself. Because society no longer sees her vagina as useful, it finally leaves it alone.

Menopause is ironically the time when many women begin to understand freedom—because for the first time, society stops seeing their vagina as useful.

Izzat, Wrapped in Shame

From adolescence, girls are taught to guard their vagina like a family heirloom. Virginity is glorified. Desire is demonized. And if a woman dares to assert sexual agency—she is punished. Silently, and often, socially.

The idea that “izzat” lives between a woman's legs has turned countless survivors into suspects.

"Why were you out so late?"
"What were you wearing?"
"Why didn’t you fight back?"

These aren’t questions. They’re verdicts. And they’ve turned generations of victims into prisoners of guilt.


The Unseen Tax on Being a Woman

Menstruation is natural. So is the stigma around it, sadly.

Pregnancy is celebrated. But post-partum trauma is silenced.

Motherhood is idolized. But its emotional and physical toll is invisible.

From disposable pads taxed as luxury items, to women forced to quit jobs after childbirth, to workplaces designed for men—India’s women pay an unacknowledged tax for simply existing in a female body.

By the time she reaches her 40s, many women say they feel like strangers in their own life. Bound by roles—mother, daughter, wife—but erased as a person.

Ironically, menopause becomes the first breath of freedom.

"After menopause," one woman said, "society stops controlling my vagina.

It finally forgets I have one."
That forgetfulness, tragically, feels like liberation.

What Needs to Change

  1. Legal Reform: Criminalizing marital rape, ensuring stronger protection laws for victims of sexual assault, and framing policies that recognize consent as a lifelong, non-transferable right.
  2. Sex Education: Educating children—regardless of gender—about bodily autonomy, consent, and gender equality from a young age.
  3. Public Discourse: Shifting the narrative around female sexuality from "ownership" to agency. This includes media, cinema, and community discussions that do not glorify control or shame desire.

Global Legal Perspective: How Others View Marital Consent

  • United Kingdom: Marital rape has been illegal since 1991 (R v. R case).

  • Canada & Australia: Both countries criminalized it in the 1980s.

  • France: Recognizes spousal rape and imposes equal penalties.

  • Nepal: Criminalized marital rape in 2006, despite religious and cultural pushback.

India must catch up—not just to modernity, but to justice.

Conclusion

The vagina is not a symbol of honor. It is not a battlefield. It is a part of a woman’s body—deserving of the same dignity, privacy, and autonomy that any man expects for himself.

Until society, law, and culture realign with this truth, the fight for bodily autonomy remains unfinished.

Quote: Vagina is neither masculine nor a man's property: Adv Kanika Jaitely


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