Article text:
India is facing significant backlash following a controversial ruling by a high court in Chhattisgarh, which stated that a man's forced sexual acts with his wife do not constitute rape due to the lack of legal recognition of marital rape in the country. This ruling came after a tragic incident wherein the wife died shortly after the alleged assault, further intensifying public outrage.
Earlier this week, Justice Narendra Kumar Vyas acquitted a 40-year-old man, who had previously been convicted by lower courts in 2019 for raping his wife and causing "culpable homicide not amounting to murder," for which he received a 10-year sentence. The high court judge emphasized that, according to Indian law, non-consensual sex within marriage is not an offense, drawing criticism from women's rights activists and legal experts alike.
Prominent lawyer Sukriti Chauhan condemned the ruling, calling it "ethically and morally abhorrent," while Chhattisgarh-based lawyer Priyanka Shukla said it sends a troubling message that husbands' rights supersede the safety of their wives. The facts of the case are harrowing; the wife had reportedly sought help immediately after the assault and later died from severe internal injuries as confirmed by a post-mortem report.
Despite a lower court’s reliance on her dying declaration, which typically holds significant weight in legal proceedings, the high court dismissed these claims, casting doubt on the ethical implications of the outside witnesses' statements. This decision has sparked renewed debate about marital rape laws in India, where such acts are not criminalized, highlighting a persistent legal and societal gap.
India is one of over 30 countries, including Pakistan and Afghanistan, that do not recognize marital rape as a punishable crime. Campaigners have sought to amend Section 375 of the Indian Penal Code, which dates back to the British colonial era and excludes marital rape under certain circumstances.
Despite increasing calls from activists for reform, the Indian government's stance against criminalizing marital rape remains firm, labeling it excessively harsh and fearing it could disrupt the institution of marriage. Yet, advocates argue that such laws deny women's bodily autonomy and safety, insisting on the need for urgent reform.
Statistics reveal that nearly one-third of married women in India face various forms of violence from their husbands, with sexual violence being notably underreported due to societal stigma and shame. Activists like Chauhan assert that without legal reforms barring marital rape, cases remarkably similar to this will continue to unravel, underscoring the urgent need for a nationwide campaign to advocate for women's rights and protections against domestic violence.
India is facing significant backlash following a controversial ruling by a high court in Chhattisgarh, which stated that a man's forced sexual acts with his wife do not constitute rape due to the lack of legal recognition of marital rape in the country. This ruling came after a tragic incident wherein the wife died shortly after the alleged assault, further intensifying public outrage.
Earlier this week, Justice Narendra Kumar Vyas acquitted a 40-year-old man, who had previously been convicted by lower courts in 2019 for raping his wife and causing "culpable homicide not amounting to murder," for which he received a 10-year sentence. The high court judge emphasized that, according to Indian law, non-consensual sex within marriage is not an offense, drawing criticism from women's rights activists and legal experts alike.
Prominent lawyer Sukriti Chauhan condemned the ruling, calling it "ethically and morally abhorrent," while Chhattisgarh-based lawyer Priyanka Shukla said it sends a troubling message that husbands' rights supersede the safety of their wives. The facts of the case are harrowing; the wife had reportedly sought help immediately after the assault and later died from severe internal injuries as confirmed by a post-mortem report.
Despite a lower court’s reliance on her dying declaration, which typically holds significant weight in legal proceedings, the high court dismissed these claims, casting doubt on the ethical implications of the outside witnesses' statements. This decision has sparked renewed debate about marital rape laws in India, where such acts are not criminalized, highlighting a persistent legal and societal gap.
India is one of over 30 countries, including Pakistan and Afghanistan, that do not recognize marital rape as a punishable crime. Campaigners have sought to amend Section 375 of the Indian Penal Code, which dates back to the British colonial era and excludes marital rape under certain circumstances.
Despite increasing calls from activists for reform, the Indian government's stance against criminalizing marital rape remains firm, labeling it excessively harsh and fearing it could disrupt the institution of marriage. Yet, advocates argue that such laws deny women's bodily autonomy and safety, insisting on the need for urgent reform.
Statistics reveal that nearly one-third of married women in India face various forms of violence from their husbands, with sexual violence being notably underreported due to societal stigma and shame. Activists like Chauhan assert that without legal reforms barring marital rape, cases remarkably similar to this will continue to unravel, underscoring the urgent need for a nationwide campaign to advocate for women's rights and protections against domestic violence.
