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Outrage Erupts in India Over Court Ruling on Marital Rape

India remains one of the few countries that does not recognize marital rape as a crime, a situation that has ignited significant public outrage following a recent court ruling. The ruling, which deemed a man’s forced “unnatural sex” with his wife as not constituting an offense, has prompted activists and legal experts to renew demands for greater protections for married women.

The case in question involved a high court decision in Chhattisgarh, where a 40-year-old man was previously convicted in 2019 of rape and unnatural sex against his wife, who tragically died shortly after the alleged assault. The lower court had sentenced him to ten years of rigorous imprisonment for these crimes.

However, Justice Narendra Kumar Vyas of the high court overturned the conviction, arguing that the lack of legal recognition of marital rape in India meant the husband could not be held accountable for non-consensual sexual acts. This decision has reignited the ongoing debate about marital rape in a society that has consistently resisted criminalizing it.

In response to the ruling, lawyer and gender rights advocate Sukriti Chauhan expressed her discontent, stating, “To watch this man walk away is unacceptable. This judgement may be legally correct, but it is ethically and morally abhorrent.” She emphasized that the ruling represents a critical failure of the legal system, reflecting a broader societal issue regarding women’s rights and status.

Priyanka Shukla, another lawyer based in Chhattisgarh, noted that such rulings portray a dangerous message about the rights of husbands over their wives. She highlighted that this case was particularly shocking because of the gruesome circumstances of the woman’s death, which have intensified public outrage.

The incident took place on December 11, 2017, when the woman reported that her husband had committed acts of “unnatural sex” against her will. After seeking assistance from family members, she was admitted to the hospital but unfortunately died shortly thereafter. Her dying declaration explicitly linked her illness to the violence inflicted by her husband, which typically serves as strong evidence in court.

Despite the weight of the trial court’s ruling, which heavily relied on the woman’s statements and post-mortem findings indicating severe injuries, the high court’s decision questioned the validity of the witnesses’ testimonies and dismissed the case on the grounds that marital rape is not a crime in India.

This ruling has stirred deep frustrations among advocates for women’s rights, who argue that it undermines the struggles against domestic violence and sexual assault. Notably, India is among over 30 countries, including Pakistan and Saudi Arabia, where marital rape remains uncriminalized.

Efforts to amend Section 375 of the Indian Penal Code, which has been in place since 1860 and includes exemptions for marital rape, have gained momentum in recent years. While several petitions are currently aimed at revising this outdated law, the Indian government has thus far resisted these changes, emphasizing the sanctity of marriage and expressing concerns over potential disruptions to familial structures.

Critics, including rights activists and legal experts, argue that consent should never be implicit in marriage, asserting that forced sexual acts constitute rape, regardless of marital status. The prevailing societal attitudes towards marriage and family complicate the discourse, with significant pushback from the government and various interest groups against the idea of criminalizing marital rape.

Despite the alarming statistics indicating that a significant portion of married women in India experience violence, many cases go unreported due to societal stigma and a prevailing disbelief in women’s complaints. A recent government survey found that 32% of married women report facing physical, sexual, or emotional violence from their husbands, a figure many suspect is underreported.

The ruling highlighting the lack of justice for victims has only intensified calls for legal reform and societal awareness. Advocates stress that until the law explicitly recognizes marital rape, the plight of women in such situations will remain dire. They argue that the push for change is not merely a “man versus woman” debate, but a crucial movement for women’s safety and agency.

“The need to criminalize marital rape is essential for the protection of all women,” Chauhan said. The urgency for a well-organized nationwide campaign advocating for women’s rights has never been more pronounced as society grapples with the implications of such judicial outcomes.

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