Sex and violence: on judiciary, Indians and marriage

Chhattisgarh High Court recently pronounced a verdict, which was held A “unnatural sex” by a husband in marriage is not a crimeA much more depends on the estimate of consent within a matrimonial relationship. The case included a 40 -year -old man from Bastar district, who was convicted by a session court in 2017 for his wife’s death. The session court found that the wife fell ill in the 30s and later died a forced physical relationship. However, on the appeal, the High Court acquitted the husband. Any discussion on marriage, or at the core of any relationship, should be the principle of consent. When physical damage occurs, especially for a tragic death, it cannot be excuses in anticipation of marital consent. The issue in hand is not about the nature of the sexual act, but about the absence of consent and the use of force. The High Court rely on exception II of Section 375 of the Indian Penal Code, which does not recognize Marital rape As a crime, until the wife is not under the age of 15 – the Supreme Court of India made this age to 18 in the independent views vs union of India and ANR. Case (2017) – To justify acquitting husband. This overturned the session court’s decision, which sentenced him to 10 years rigorous imprisonment.

The ruling once again focuses on unclear legal territory around sexual violence in marriage. In October 2024, the Supreme Court postponed the hearing on arguments for criminalization of marital rape. In previous decisions, it indicated that the responsibility is with the legislature to introduce laws on the issue. The central government also has Stated Criminalization of marital rape can “weaken the marriage institution”. India is one of the few countries where marital rape is not a criminal offense. Nevertheless, data from National Family Health Survey 5 (2019-2021) shows that 32% of married women between the ages of 18 to 49 have experienced physical, sexual or emotional spusal violence in India, in which only one small Percentage is seeking help. This Stark reality should act as a wake-up call for MPs, law enforcement, and society to ensure that women can be free from violence and fear. While constitutional security measures exist on life, freedom, equality and dignity, and there are laws to protect women, true changes require a change in social approach and mindset. No relationship, marriage is involved, should provide immunity to violence.