Bilaspur: The Chhattisgarh High Court has ruled that a wife cannot accuse her husband of rape or unnatural sex, unless she is a minor. The verdict was delivered by a bench led by Justice Narendra Kumar Vyas, who ordered the immediate release of the accused husband.
The case dates back to December 11, 2017, when a woman from Jagdalpur’s Bodhghat police station area filed a complaint against her husband, accusing him of unnatural sex against her will, which allegedly led to her falling ill.
Based on her statement before her death in 2017, the police registered a case under Sections 376 and 377 of the IPC, leading to the husband’s arrest.
In 2019, a trial court found him guilty and sentenced him to 10 years in prison under Sections 376, 377, and 304 (culpable homicide not amounting to murder). However, the accused challenged the verdict in the High Court, which has now overturned the conviction.
Justice Vyas stated that a husband cannot be charged with rape or unnatural sex under Sections 376 and 377 IPC, as marital relations using natural body parts cannot be deemed a crime. He also cited a Supreme Court ruling, clarifying that only if the wife is under 15 years of age can a case of unnatural sex be registered, regardless of consent.
This ruling is expected to spark discussions on marital rape laws in India, which remain a contentious issue in legal and social circles.
Recent High Court Cases
The issue of marital rape continues to be a topic of legal and social debate in India. Recent cases in the Gujarat High Court and Mumbai Sessions Court highlight how courts interpret existing laws on forced sex within marriage.
Gujarat High Court’s Stand on Marital Rape
In a case before the Gujarat High Court, a woman accused her husband of forcibly engaging in unnatural sex. However, Justice J.P. Pardiwala ruled that if the wife is above 18 years of age, the husband cannot be prosecuted under Section 375 of the IPC, which defines rape. This interpretation aligns with Indian laws that do not recognize marital rape as a crime.
Mumbai Court on Forced Sex Leading to Paralysis
A Mumbai woman filed a case against her husband after he allegedly forced himself on her despite her refusal, leading to her lower-body paralysis. However, on August 12, 2021, the Mumbai City Additional Sessions Court ruled that marital rape is not a crime in India, thereby dismissing the case.
Legal Rights of Married Women in India
Despite the absence of legal recognition for marital rape, Indian law provides several protections for women:
Right to Divorce – Under Section 13 of the Hindu Marriage Act, 1995, a wife can seek divorce without the husband’s consent if she has faced physical or mental cruelty.
Right to Abortion – The Medical Termination of Pregnancy Act, 1971, allows a woman to terminate her pregnancy without needing her husband’s or in-laws’ consent if the pregnancy is under 24 weeks. In special cases, abortion can be permitted even after 24 weeks.
Right to Report Domestic Violence – The Domestic Violence Act, 2005, enables married women to file complaints against their husbands or in-laws if they suffer physical, emotional, sexual, or financial abuse.
Ongoing Debate on Marital Rape Laws
While courts continue to rely on existing legal provisions, activists and women’s rights organizations demand legal recognition of marital rape as a criminal offense. The debate remains ongoing, with several petitions pending before the Supreme Court of India.
