Public outrage has erupted in India after a high court judge overturned a convict's sentence for "unnatural sex" with his wife, who later died from injuries sustained during the alleged assault, reigniting the debate over the criminalization of marital rape.
India's Legal System Faces Backlash Over Marital Rape Ruling
India's Legal System Faces Backlash Over Marital Rape Ruling
Judicial decision to acquit man accused of raping his wife incites nationwide fury and calls for reform.
An Indian court's recent ruling has triggered widespread condemnation as a man previously convicted of raping his wife, who succumbed to injuries, was exonerated. The case highlights the contentious issue of marital rape in India—a nation where such an act is not legally recognized. The man had faced serious charges, including "culpable homicide not amounting to murder," but was released by the High Court of Chhattisgarh after Justice Narendra Kumar Vyas noted that marital rape does not exist in Indian law.
The outcry was immediate. Activists and legal professionals expressed deep discontent, stating that the ruling sends a dangerous message regarding men's rights within marriage. Lawyer and gender rights advocate Sukriti Chauhan described the verdict as not just legally questionable but also "ethically and morally abhorrent," condemning it as a perilous moment for the legal system.
The chilling details surrounding the case emerged from court records, with the incident occurring during a violent confrontation between the couple on December 11, 2017. The victim attempted to seek medical assistance after the assault, but tragically died a few hours later. Her statements to law enforcement and her dying declaration underscored the trauma she endured, which was supported by medical reports indicating severe bodily harm.
Despite the evidential weight of her testimony, Justice Vyas dismissed her claims, citing inconsistencies from witnesses and the absence of legal recognition of marital rape. Critics argue that such judgments reinforce societal views that prioritize a husband's rights over a wife's safety and well-being.
While Indian law hasn't changed since the British colonial era, which excludes marital rape from its definition of sexual assault, a growing number of petitions have been filed in attempts to address this issue. Despite previous attempts to amend Section 375 of the Indian Penal Code, any proposals have faced strong opposition from various segments of society, including religious factions and certain government officials, who frame the discussion as a potential threat to the stability of marriage.
The societal context is further complicated by deeply entrenched stigmas surrounding violence in marital relationships. Even a recent government study painted a grim picture, revealing that a staggering 32% of married women report experiencing some form of violence from their partners, though many cases go unreported due to societal shame.
Gender rights advocates emphasize the imperative for legislative reform to protect women's rights fully. They argue that removing the legal gray areas surrounding marital relations is crucial for eradicating abuse and ensuring justice. The broader push for civil and legal reforms continues to be met with skepticism, but advocates remain resolute in their fight for fundamental rights and safety for women across India.
