A lot of Indian high courts have drawn criticism in the past for their regressive statements and judgements. Adding to the list is the latest statement by the Chhattisgarh High Court that said “Sexual intercourse or any sexual act by husband with legally wedded wife not rape even if it was by force or against her wish.”
During the hearing of the case involving the issue of “marital rape”, the Chhattisgarh High Court held that “sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape.”
“In this case, the complainant is legally wedded wife of applicant No 1, therefore, sexual intercourse or any sexual act with her by the applicant No 1/husband would not constitute an offence of rape even if it was by force or against her wish,” the high court said in its order.
Although the man has been discharged of the offence of marital rape, the high court has upheld charges framed against him under Section 377 (unnatural sex) of the Indian Penal Code (IPC).
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In a separate case, a Mumbai Additional Sessions judge had earlier observed that the grievance of a woman, who had accused her husband of forcing sexual intercourse with her against her wish, does not stand legal scrutiny. He had said, “The accused being the husband cannot be said that he committed any illegal thing.”
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