An Indian judge has dismissed a woman’s complaint alleging “unnatural sex” by her husband, citing that it’s not illegal under Indian law for a husband to coerce his wife into sexual acts.
This ruling, issued in the Madhya Pradesh High Court, underscores a legal gap in India that doesn’t criminalize marital rape if the wife is over 18 years old, according to CNN.
The complaint, filed under Section 377 of India’s penal code, pertained to non-consensual “carnal intercourse against the order of nature.”
Historically, this section was used to prosecute same-sex couples before homosexuality was decriminalized in 2018.
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The woman alleged that the incidents occurred multiple times since her marriage in 2019, and she came forward after confiding in her mother in 2022.
In response, the husband’s lawyer argued that any such acts between them were not criminal due to their marital status.
Justice Gurpal Singh Ahluwalia, in delivering the judgement, emphasized India’s exemption of marital rape, a colonial-era legacy.
He stated that marital rape has not been recognized and reiterated the law’s stance that consent is irrelevant when the wife is over 15 years old.
India’s Supreme Court raised the age of marital consent from 15 to 18 in a significant ruling in 2017.
The woman also accused her in-laws of mental and physical harassment related to dowry demands, with a trial pending.
This judgement reignites debates about India’s treatment of women, highlighting ongoing issues of violence and discrimination in a deeply patriarchal society.
While India has enacted laws to protect women, the reluctance to criminalize marital rape leaves them vulnerable.
Despite avenues for legal recourse, such as seeking restraining orders or charges under relevant sections of the Penal Code, the interpretation of these laws varies, and many women alleging rape face challenges in filing complaints, as evidenced by a 2022 study.
Campaigners continue to advocate for legal reforms, facing resistance from conservatives who argue against state intervention in marital matters, citing concerns about tradition.
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