Please be warned that this article contains some graphic contentA recent decision by an Indian court that deemed a man’s forced “unnatural sex” with his wife as not constituting a crime has sparked widespread anger and reignited calls for increased protections for married women. This contentious ruling has refocused attention on the issue of marital rape in a country that has been reluctant to criminalize it.In a case that has stirred emotions, a 40-year-old man who had been convicted by a trial court in 2019 of rape and unnatural sex with his wife, who tragically passed away shortly after the alleged assault, was released by a high court judge in the central Indian state of Chhattisgarh earlier this week. The trial court had also found the man guilty of “culpable homicide not amounting to murder” and handed him a sentence of “rigorous imprisonment for 10 years” for each offense, to be served concurrently.However, Justice Narendra Kumar Vyas of the High Court overturned these convictions on Monday, ruling that due to the absence of marital rape laws in India, the husband could not be held accountable for engaging in non-consensual sexual activities with his wife. This decision has sparked outrage, with activists, legal experts, and advocates urging for the criminalization of marital rape in the country.”The acquittal of this man is unacceptable. While it may be legally sound, it is morally reprehensible,” expressed Sukriti Chauhan, a lawyer and gender rights activist. “A verdict that absolves an individual of such a heinous act, claiming it is not a crime, is a dark moment in our legal system,” she told the BBC. “This must change swiftly and decisively.”Violence against women remains a prevalent issue in India [Getty Images]Priyanka Shukla, a lawyer based in Chhattisgarh, stated that such a ruling “sends a dangerous message that as a husband, you possess certain rights, even allowing you to escape justice, possibly even for murder.” She emphasized that this is not the first instance of such a judgment, and there is a palpable sense of outrage each time. “This time, the fury is amplified due to the brutality of the crime and the tragic outcome for the woman.”The details outlined in the court documents are harrowing. As per the prosecution’s account, the incident occurred on the night of December 11, 2017, when the husband, employed as a driver, allegedly engaged in unnatural sexual acts against his wife’s will, resulting in significant distress for her. Following the assault, she sought help from his sister and another relative, who promptly took her to a hospital where she succumbed to her injuries a few hours later.In her statements to the police and a magistrate before her passing, the woman attested that she fell ill “due to the forced sexual encounter with
A woman has died. What is particularly disturbing about the high court ruling is the absence of any sympathetic remarks from the judge. Given the severity of the assault, the decision of the high court has left many shocked, with a belief that the judge should not have dismissed the case so lightly. In India, marital rape is not considered a criminal offense, a stance shared by over 30 countries including Pakistan, Afghanistan, and Saudi Arabia. There have been numerous petitions in recent years aiming to abolish Section 375 of the Indian Penal Code, dating back to 1860. This colonial-era law includes various exemptions, one being that sex with one’s own wife is not considered rape if she is above 15 years of age. Despite Britain outlawing marital rape in 1991, India, in its recent criminal code revision, retained this archaic law.
The Indian government argues against criminalizing marital rape, labeling it as excessively harsh and potentially disruptive to the institution of marriage. While authorities claim that existing laws are sufficient to protect married women from sexual violence, activists argue that India cannot continue to hide behind outdated laws denying women autonomy over their bodies. Despite widespread violence within marriages in India, a significant number of cases go unreported due to societal stigma and lack of trust in the justice system.
Campaigners and advocates like Ms. Chauhan emphasize the urgent need to criminalize marital rape to ensure justice and safety for women. They stress that the demand is not anti-men but rather pro-women, aiming to address the systemic issue of gender-based violence within marriages. The call for change is rooted in the belief that every individual, including women, deserves fundamental rights to safety and security, regardless of societal norms or traditions.
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