The recent ruling by the Chhattisgarh High Court has sparked debate as it addresses a sensitive issue related to marital relations and legal interpretations.
The court observed that a husband cannot be charged with rape or unnatural sex for engaging in sexual relations with his wife, even without her consent, as long as she is above the age of 15.
This decision has drawn significant attention due to its implications on marital rights, consent, and legal protections for women.
The ruling came from a single bench led by Justice Narendra Kumar Vyas, who referenced the existing provisions of the Indian Penal Code. According to the court, the law does not recognise non-consensual intercourse between a husband and wife as rape unless the wife is below 15 years of age.
The judge stated that the concept of consent in marital intercourse loses significance in such cases, making sections 376 and 377 of the IPC inapplicable to the accused.
The case in question involved an incident from December 2017, where a woman alleged that her husband had subjected her to unnatural sex against her will. The assault resulted in severe injuries, leading to her hospitalisation.
The woman later passed away, and in her dying declaration, she claimed that her husband had forced himself upon her. Medical reports confirmed that she suffered from peritonitis and rectal perforation, which ultimately caused her death.
Initially, a trial court found the husband guilty and sentenced him to ten years in prison. However, upon appeal, the High Court overturned the conviction.
The court ruled that since the victim was above the legally defined age limit, the charges of rape and unnatural sex could not be upheld against the husband. As a result, he was acquitted of all charges.
The judgment has raised concerns among legal experts and women’s rights activists, who argue that it highlights the need for reforms in India’s marital rape laws. Many believe that the legal framework should evolve to recognise the importance of consent in all sexual relationships, including marriage.
The ruling has also led to discussions on whether the existing legal provisions adequately protect women from sexual violence within marriage.
Marital rape is not explicitly criminalised in India, except in cases where the wife is under 15 years of age. This legal stance has been widely debated, with advocates calling for a more inclusive approach that acknowledges consent as a fundamental right, regardless of marital status.
The recent judgment has reignited these discussions, urging lawmakers to reconsider existing statutes to ensure better legal protection for women.
Follow us
