Bilaspur: The Chhattisgarh High Court has ruled that a husband cannot be convicted for sexual intercourse, including unnatural acts, with his adult wife, even without her consent. The court acquitted a man who was earlier convicted of rape and other charges after his wife’s death.
The case involved a Jagdalpur resident who was arrested in 2017. A trial court had sentenced him to 10 years in prison for rape, unnatural sex, and culpable homicide not amounting to murder. He later challenged the verdict in the High Court.
Justice Narendra Kumar Vyas delivered the judgment on February 10. The court noted that, according to Indian law, sexual intercourse by a man with his wife is not considered rape if she is above 15 years of age. The court also ruled that unnatural sex between a husband and wife does not qualify as an offense under Section 377 of the Indian Penal Code (IPC).
The case was based on the dying declaration of the man’s wife. She had complained of pain and stated that her husband had forced her into unnatural sex. She later died at a government hospital. The trial court had relied on this statement to convict the man.
However, the High Court found the evidence insufficient. It observed that the trial court had not properly considered witness statements that suggested the woman suffered from a medical condition.
The HC also ruled that the conviction under Section 304 IPC was unjustified. The court called it a “patent illegality” and said there was no clear reasoning for the charge.
With this ruling, the man was acquitted of all charges and ordered to be released from jail immediately.
Legal Experts React
Legal experts have expressed mixed reactions to the verdict. Some argue that marital rape laws in India need urgent reform to ensure women’s rights are protected. Others support the ruling, citing the existing legal framework that exempts husbands from being charged with rape in marriage.
Women’s Rights Groups Raise Concerns
Women’s rights activists have strongly condemned the judgment, calling it a setback for the fight against marital rape. They demand changes in the law to recognize non-consensual sex within marriage as a crime.
Public Response
The ruling has sparked public debate. Some citizens believe the verdict upholds the legal status quo, while others argue it highlights the urgent need for legislative amendments to protect married women from sexual violence.
Future Implications
The case has reignited discussions on the need to amend IPC provisions related to marital rape and unnatural sex. Activists and legal experts are urging lawmakers to reconsider the exceptions granted under Section 375 IPC to better align with evolving perspectives on consent and human rights.
