Marital rape not a crime? Controversial Chhattisgarh high court ruling ignites debate

Chhattisgarh:  In a recent ruling, the Chhattisgarh High Court held that a husband's engagement in sexual intercourse, including acts considered unnatural, with his adult wife—without her consent—does not constitute an offense under current Indian law. This decision led to the acquittal of a man from Jagdalpur, who had been convicted by a trial court under sections 376 (rape), 377 (unnatural offenses), and 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC) following the death of his wife. 

Section 375 of IPC

Justice Narendra Kumar Vyas, presiding over the case, referenced Exception 2 to Section 375 of the IPC, which states that sexual intercourse by a man with his own wife, provided she is not under eighteen years of age, is not considered rape. The court emphasized that if the wife's age is not below 15 years, any sexual act by the husband cannot be termed as rape, rendering the absence of the wife's consent for unnatural acts immaterial. 

Marital rape explicitly

This ruling has ignited significant public discourse, with many expressing concern over the legal stance on marital rape in India. Critics argue that the current legal framework fails to protect married women from non-consensual sexual acts by their husbands, highlighting the need for legislative reform to address marital rape explicitly. 

Madhya Pradesh high court

It's noteworthy that similar judgments have been delivered in other jurisdictions. For instance, the Madhya Pradesh High Court ruled that unnatural sex by a husband with his wife does not constitute rape, even if non-consensual, citing the absence of marital rape recognition in Indian law. These rulings underscore the ongoing debate about marital rape in India and the pressing calls for legal reforms to ensure the protection of women's rights within marriage.