Marital Rape in India: Marital rape is a crime in many countries worldwide, including the US, UK, Canada, and Australia. However, in India, the law does not recognize non-consensual intercourse within marriage as rape. A recent ruling by the Chhattisgarh High Court has reignited the debate on criminalizing marital rape, as it acquitted a husband accused of unnatural sex with his wife. This decision has sparked nationwide outrage, with calls for legal reform gaining momentum.
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Marital Rape: High Court Acquits Husband, Overturns 2019 Conviction
The case in question comes from Chhattisgarh, where a 40-year-old man was convicted in 2019 by a trial court for raping and engaging in unnatural sex with his wife. The lower court had sentenced him to 10 years of rigorous imprisonment based on two major factors:
- Dying declaration of the wife – Before her death, she accused her husband of forcing himself on her.
- Post-mortem report – It cited ‘peritonitis and rectal perforation’ as the cause of death, suggesting violent sexual assault.
However, the Chhattisgarh High Court recently overturned this conviction, stating that under Indian law, marital rape is not a crime. Additionally, the court dismissed the charge of unnatural sex, citing lack of credible evidence.
Marital Rape: Why Was the Husband Acquitted?
Justice Vyas of the High Court provided three key reasons for acquitting the husband:
- Doubt over wife’s dying declaration – The court ruled that her statement lacked consistency and reliability.
- Witnesses changed their statements – Some key witnesses retracted their earlier testimonies.
- Marital rape is not a crime in India – The court reiterated that, as per Indian law, a husband cannot be charged with rape if the wife is above 18 years.
This ruling has sparked intense debates, with activists and legal experts demanding immediate amendments to India’s rape laws.
What Does Indian Law Say About Marital Rape?
Under Section 375 of the Indian Penal Code (IPC), rape is defined as sexual intercourse with a woman without her consent. However, Exception 2 of this section states that if the woman is the man’s wife and over 15 years old, it does not count as rape. The new Bharatiya Nyaya Sanhita (BNS) has slightly modified this, raising the minimum age from 15 to 18 years.
Marital Rape: Legal Provisions Available for Women
Although marital rape is not criminalized, women in abusive marriages have some legal recourse:
- Protection under the Domestic Violence Act (2005) – Women can seek relief if they face sexual abuse, humiliation, or dignity violations.
- Divorce and maintenance – Courts may grant divorce in cases of severe sexual abuse.
- Section 498A IPC – This deals with cruelty against a wife by her husband or his relatives.
However, these provisions do not directly address marital rape, leaving a major legal gap.
Key Court Judgments on Marital Rape
Independent Thought vs. UOI (2017)
- The Supreme Court struck down Exception 2 of Section 375 IPC for wives aged 15-18.
- Declared that sex with a minor wife (below 18 years) is rape.
- Upheld that the POCSO Act (2012) prevails over IPC, ensuring minors are protected.
Bombay High Court (2023)
- Ruled that even consensual sex with a minor wife is rape.
- Stated that a minor wife cannot legally give consent.
Madhya Pradesh High Court (2024)
- Ruled that unnatural sexual relations within marriage do not amount to rape.
- This contradicts previous judgments, exposing legal inconsistencies.
Navtej Singh Johar vs. UOI (2018)
- Partially struck down Section 377 IPC, decriminalizing consensual homosexuality.
- However, the ruling did not address marital rape in heterosexual marriages.
Global Scenario: Where Does India Stand?
Marital rape is recognized as a crime in 77 countries, while in 34 nations, husbands are legally exempt from rape charges. Countries where marital rape is illegal include:
- United States (all 50 states)
- UK (criminalized in 1991)
- Australia
- Canada
- France, Sweden, Norway, Denmark
- Soviet Union, Poland, Czechoslovakia (criminalized decades ago)
Marital Rape: Why Is India Lagging Behind?
Despite increasing advocacy, marital rape remains legal in India due to:
- Cultural and traditional beliefs – Many argue that criminalizing marital rape could ‘undermine the sanctity of marriage.’
- Fear of misuse – Some policymakers claim that marital rape laws might be misused in false cases.
- Legal roadblocks – No government has taken decisive steps to amend the law despite multiple PILs and judicial recommendations.
Marital Rape: What Lies Ahead?
With the Chhattisgarh HC verdict sparking fresh debates, there is renewed pressure on the government to criminalize marital rape. Many activists argue that:
- India should follow global standards and remove the exemption for husbands.
- The new Bharatiya Nyaya Sanhita (BNS) should include stronger provisions against marital rape.
- Courts must take a uniform stand to prevent contradictory judgments.
A Long Road to Justice
The latest High Court verdict has once again highlighted the legal loopholes surrounding marital rape in India. While global laws have evolved, India remains stuck in outdated legal interpretations. Until marital rape is recognized as a crime, wives will continue to be denied justice, raising serious concerns about gender equality and human rights in the country.
Should India criminalize marital rape? Share your thoughts in the comments!
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