The Chhattisgarh High Court controversially ruled that marital rape is not a crime under Indian law unless the wife is under 18. This judgment followed a case involving a woman who died after being subjected to forceful sex by her husband. The ruling has sparked debates on women’s rights and the necessity for legal reforms regarding forced marital sex.
Chhattisgarh: In a controversial judgment, the Chhattisgarh High Court ruled that any sexual act by a husband, even if it involves force, is not an offence under Indian law. The single-judge bench made this observation while hearing a case related to the death of a woman who was subjected to unnatural sex by her husband without consent in 2017.
Justice Narendra Kumar Vyas stated that under current Indian law, marital rape is not recognized as a crime unless the wife is below 18 years of age.
“Thus, it is quite vivid that if the age of the wife is not below 15 years, then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape under the circumstances. As such, the absence of consent of the wife for an unnatural act loses its importance,”
the court ruled.
In 2017, the woman was subjected to forceful unnatural sex by her husband. After the incident, she was hospitalized but could not survive. In her dying declaration, she accused her husband of forcing himself on her. Doctors later confirmed that her death was due to peritonitis and a rectal perforation.
Despite these findings, the High Court ruled that Sections 376 (rape) and 377 (unnatural offences) of the IPC do not apply to the husband in this case. As a result, the husband, who was earlier sentenced to 10 years in prison by a trial court, was acquitted of all charges.
Marital rape remains legal in India, and sexual acts by a husband, even if forced, are not considered rape unless the wife is under 18. The ruling has reignited debates over women’s rights and the need for legal reforms to criminalize forced sex in marriage.
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