Despite widespread criticism, a high court judge in Chhattisgarh has ruled that any sexual act committed by a husband does not constitute rape. A judge declared ‘sexual intercourse or any kind of sexual act by a man with his own wife, provided the wife is over 18 years of age, isn’t rape’, clearing a man accused by his wife of rape and abuse.
The case in which the judge issued the order involved a woman who was married in 2017. In her petition, she claims she was harassed over dowry, beaten by her husband and raped. ‘In this case, the complainant is the legally married wife of the applicant, therefore, sexual intercourse or any sexual act with her by the husband would not be considered rape even if it were forced or against her will. Therefore, the charge under Section 376 (rape) framed against the applicant’s husband is erroneous and illegal,’ the High Court ruled.
‘Sexual intercourse by husband not rape, even if by force’: Chhattisgarh HC
Neanderthals in India’s judiciary need to wake up. Hope this is appealed in SC asap.
— Mahua Moitra (@MahuaMoitra) August 26, 2021
As well as claiming ‘unnatural sex’, she also accused her husband of sexually abusing her. While the court disagreed with her on the rape charge, the judge said the husband could be charged under Section 377, which prohibits sex ‘against the order of nature’. India does not consider marital rape a crime. If the wife is under 18 years of age, sex by force is illegal. ‘It’s time for Parliament to amend Section 375 of the Indian Penal Code to remove the legal shield against marital rape. Married women can’t be forced by their husbands into having a sexual relationship,’ tweeted Congress MP Gaurav Gogoi.
Read more: Kabul attack: Daesh group claims responsibility
‘The Chhattisgarh High Court’s Neanderthals need to wake up. We hope this issue is appealed to the Supreme Court as soon as possible,’ Trinamool Congress MP Mahua Moitra wrote on Twitter. The Kerala High Court ruled last month that sex against a woman’s will can be considered marital rape. According to Shiv Sena leader Priyanka Chaturvedi, ‘India shamefully belongs to those few countries which do not consider marital rape a crime’.
Post Your Comments