Marital rape ruling raises legal and social concerns

Source: The post Marital rape ruling raises legal and social concerns has been created, based on the article “Sex and violence: Marriage should not provide immunity for sexual violence” published in “The Hindu” on 17th February 2025

UPSC Syllabus Topic: GS Paper 2- Governance-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context: The article discusses a Chhattisgarh High Court ruling that acquitted a man accused of forcing sex on his wife, leading to her death. It highlights the issue of marital rape, lack of legal protection, and the need for stronger laws and societal change.

For detailed information on Issues with Panchayati Raj Institutions (PRIs) read this article here

What Was the High Court’s Ruling?

1. The Chhattisgarh High Court ruled that a husband forcing unnatural sex on his wife is not a crime.
2. The court relied on Exception II of Section 375 of the IPC, which states that marital rape is not an offense unless the wife is under 18.
3. This decision overturned a sessions court verdict, which had sentenced the husband to 10 years in prison after his wife died following forced physical relations.

For detailed information on The case regarding the marital rape exception (MRE) read this article here

What Is the Main Concern in This Case?

1. The case highlights the issue of consent in marriage.
2. The High Court presumed that a wife always consents to sexwithin marriage.
3. However, consent must be given freely in every situation.
4. When force leads to physical harm or death, it should not be excused under marriage laws.

Why Is Marital Rape Still Not a Crime in India?

1. India is one of the few countries where marital rape is not a criminal offense.
2. The Supreme Court deferred hearingson this issue in October 2024.
3. The Union government argues that criminalizing marital rape could “undermine the institution of marriage”.
4. The courts have also stated that lawmakers should decide on this matter.

What Does Data Say About Spousal Violence?

The National Family Health Survey-5 (2019-2021) shows that 32% of ever-married women (ages 18-49) in India have faced physical, sexual, or emotional spousal violence. However, very few seek help due to fear, social pressure, and lack of legal protection.

What Needs to Change?

Laws exist to protect women, but a shift in societal mindset is necessary. Marriage should not give immunity for violence. The government, judiciary, and society must ensure that women live free from fear and violence.

Question for practice:

Discuss the legal and societal implications of the Chhattisgarh High Court’s ruling on marital rape in India.