A recent ruling by the Chhattisgarh High Court has ignited a wave of protests across India, as it declared that forcing a wife into unnatural sexual acts is not a criminal offense. The verdict led to the acquittal of a 40-year-old man whose wife had died shortly after being subjected to forced unnatural intercourse. This ruling has reignited debates on marital rape and women’s rights in India, a country where gender-based violence remains a significant issue.
The lower court had convicted the man in 2019, sentencing him to ten years of rigorous imprisonment for ‘culpable homicide not amounting to murder.’ However, last week, the High Court overturned the ruling. Justice Narendra Kumar Vyas stated in his judgment that marital rape is not recognized as a crime under Indian law, meaning a husband cannot be held guilty for engaging in sexual acts without his wife’s consent, even if they are unnatural. The ruling is rooted in the legal framework that does not consider non-consensual sex within marriage as rape, a provision that has faced criticism for years.
This controversial ruling has sparked nationwide outrage among activists, legal experts, and the general public. Many are now pushing for the criminalization of marital rape in India. According to a BBC report, numerous voices have been raised against the verdict, calling for urgent legal reforms. Women’s rights activists argue that the ruling fails to protect the fundamental dignity of women and allows the legal system to ignore acts of violence within marriages.
Prominent lawyer and gender rights activist Sukriti Chauhan expressed her dismay, stating, “Legally, the ruling might be correct, but morally, it is horrifying. This judgment exposes the dark side of our legal system.”
Another legal expert, Priyanka Shukla, warned that such rulings send a dangerous message to society. “This verdict suggests that husbands have unchecked power over their wives, even to the extent of causing harm or death. It reinforces the notion that marriage grants impunity for acts that would otherwise be considered crimes,” she said.
The Case That Sparked Debate
The case dates back to December 11, 2017, when the accused, a truck driver, allegedly forced his wife into unnatural sexual acts against her will. The next morning, she sought medical help with the assistance of her sister and other relatives but succumbed to her injuries within hours.
In her dying declaration to the police and magistrate, the woman explicitly stated that her husband’s forced unnatural intercourse had left her severely injured. A post-mortem report confirmed that the unnatural sexual act had caused significant internal damage, particularly in her lower abdomen and rectum. The forensic evidence corroborated her statement, indicating the severity of the assault.
Despite this, the High Court, while overturning the lower court’s ruling, showed no acknowledgment of the suffering endured by the deceased woman. “It is unfortunate that the ruling lacks any sympathy for the victim,” said lawyer Priyanka Shukla.
India’s Legal Stance on Marital Rape
India remains one of 30 countries where marital rape is not considered a criminal offense. Other nations with similar laws include Pakistan, Afghanistan, and Saudi Arabia. The Indian Penal Code’s Section 375, which was introduced in 1860 under British colonial rule, does not recognize marital rape as a crime. Although the UK abolished this provision in 1991, India has retained it, even in the recently revised criminal codes.
Several attempts have been made to challenge this outdated legal provision. Women’s rights groups and activists have repeatedly petitioned the government and judiciary to recognize marital rape as a crime. However, successive governments have refrained from making changes, often citing concerns about the sanctity of marriage and possible misuse of the law. The Indian government has previously argued that criminalizing marital rape could lead to the destabilization of marriages and an increase in false allegations. However, activists counter this claim by pointing out that existing legal frameworks can safeguard against misuse while still providing justice to victims.
International Laws on Marital Rape
While India continues to exclude marital rape from its legal framework, many countries worldwide have criminalized it, recognizing the fundamental right of women to bodily autonomy and consent.
- United Kingdom: In 1991, the House of Lords ruled that marital rape was a crime, overturning the longstanding notion that a wife was legally bound to consent to sex.
- United States: All 50 states have laws against marital rape, though the severity of punishment varies by state.
- Canada: Marital rape was criminalized in 1983, removing the spousal exemption from its sexual assault laws.
- Germany: Marital rape became a crime in 1997, following extensive debates on gender equality and women’s rights.
- France: In 1992, the French courts ruled that non-consensual sex within marriage is a punishable offense.
- Australia: The country criminalized marital rape at different times across its states, with the last state doing so in 1994.
- South Africa: Marital rape was declared illegal in 1993 under the Prevention of Family Violence Act.
- Brazil: Marital rape is considered a criminal offense, and the country has taken significant steps to protect victims of domestic and sexual violence.
The United Nations and other international human rights organizations, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), advocate for the criminalization of marital rape. The World Health Organization (WHO) and Human Rights Watch have repeatedly emphasized the need for laws that recognize spousal rape as a crime to protect women’s rights and dignity.
The Growing Demand for Legal Reform
Recent government surveys indicate that 32% of married women in India have faced physical, sexual, or psychological abuse from their husbands, while 82% have experienced sexual violence. These alarming statistics underscore the urgent need for legislative change.
Activists and legal experts argue that India must amend its laws to recognize marital rape as a crime and protect women’s rights within marriage. The latest ruling has intensified demands for immediate legal reforms to ensure justice for victims and prevent future cases of spousal abuse from going unpunished.
Public sentiment has been strongly against the High Court’s ruling. Protests have erupted across major cities, with women’s rights groups organizing rallies and awareness campaigns. Many are calling for a broader discussion on gender rights and legal accountability within marriage. Additionally, several petitions are now being prepared to challenge the ruling in the Supreme Court, hoping for a reversal that acknowledges the rights and dignity of married women.
As protests continue across the country, pressure is mounting on lawmakers to act. Whether India will finally take a step toward criminalizing marital rape remains to be seen, but the voices calling for change are growing louder than ever. This ruling has not only highlighted a significant gap in India’s legal system but has also brought global attention to the ongoing fight for gender equality and justice in one of the world’s largest democracies.
