Prateeksha Thakur
The Chhattisgarh High Court, in a ruling by Justice Narendra Kumar Vyas, on Monday has held that a husband cannot be prosecuted for rape or unnatural sex with his wife, even without her consent, as long as she is above 15 years old. The judgment, based on the Indian Penal Code (IPC), reinforces the legal exemption that shields husbands from rape charges in marriage, sparking legal and social controversy.
Case Background
The case involved a man accused of forcing unnatural sex on his wife, causing severe injuries. The victim was hospitalized and later died due to complications. Following a police investigation, the husband was convicted by a trial court under Sections 376 (rape), 377 (unnatural offences), and 304 (culpable homicide not amounting to murder) of the IPC. He was sentenced to 10 years in prison. However, he challenged the conviction in the Chhattisgarh High Court.
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High Court’s Verdict
The High Court overturned the conviction, stating that under IPC provisions, a husband cannot be charged with rape or unnatural sex if his wife is at least 15 years old. The court also found the trial court’s decision to convict the husband under Section 304 to be flawed, ruling that there was no clear justification for the charge. As a result, the husband was acquitted and ordered to be released immediately.
This ruling has sparked controversy as it contradicts a 2017 Supreme Court judgment that raised the age of protection from 15 to 18 years. The Supreme Court had ruled that sexual acts with a wife below 18 years of age would be considered rape, but the High Court’s decision reinforces legal immunity for husbands in cases involving adult wives.
Furthermore, the Supreme Court is currently reviewing petitions to criminalize marital rape and remove the legal exemption that shields husbands from prosecution for non-consensual sex. The Chhattisgarh High Court’s ruling adds fuel to the ongoing debate over women’s rights and bodily autonomy in marriage.
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The Bigger Question: Where Does a Woman’s Consent Stand?
This case highlights the ongoing struggle for legal recognition of marital rape in India. While global conversations around gender equality and women’s rights continue to evolve, Indian laws still fail to acknowledge a wife’s right to consent within marriage.
NI Bureau
