India Anger as Court Frees Man Accused of Marital Rape & Wife’s Death
Warning: This article contains disturbing details
A controversial court ruling in India has triggered nationwide outrage after a judge acquitted a man convicted of raping his wife, who later died from severe internal injuries.
The decision has reignited calls for India to criminalize marital rape, a legal loophole that has long denied justice to victims of spousal sexual violence.
High Court Overturns Conviction Despite Wife’s Dying Declaration
The case involved a 40-year-old man from Chhattisgarh who was convicted in 2019 by a lower court for:
✅ Rape
✅ Unnatural sex
✅ Culpable homicide not amounting to murder
He was sentenced to 10 years of rigorous imprisonment for each charge, with the sentences running concurrently.
However, in a shocking reversal, High Court Justice Narendra Kumar Vyas overturned the conviction, stating:
🔴 “Since India does not recognize marital rape, the husband cannot be guilty of non-consensual sex.”
This ruling means that even if a wife explicitly says she was raped by her husband, it is not considered a crime under Indian law.
Legal & Activist Backlash: “Morally Abhorrent” Judgment
Lawyers, activists, and campaigners have condemned the judgment.
🔊 Sukriti Chauhan, a gender rights lawyer, called the ruling “ethically and morally abhorrent.”
🔊 Priyanka Shukla, a lawyer from Chhattisgarh, said:
🗨 “This judgment sends the message that husbands can do anything—even get away with murder.”
Court Ignored Strong Evidence of Abuse
According to court documents, the wife suffered severe injuries after a forced sexual act on the night of December 11, 2017.
🔹 She managed to tell the police and a magistrate that her husband forced sex upon her.
🔹 Medical reports confirmed rectal perforation and peritonitis—fatal injuries resulting from the assault.
Despite this, the judge questioned the validity of her dying declaration and set her husband free.
Marital Rape: A Legal Loophole in India
India is one of over 30 countries, including Pakistan, Afghanistan, and Saudi Arabia, where marital rape is not a crime.
The outdated Section 375 of the Indian Penal Code (IPC), drafted in 1860, states that:
📜 “Sex by a man with his own wife is not rape, unless she is under 15 years old.”
Even though Britain criminalized marital rape in 1991, India recently rewrote its criminal code but refused to remove this law.
Government Opposition: “Too Harsh for Husbands”
Despite growing pressure, the Indian government refuses to criminalize marital rape.
🔴 In October 2024, the Home Ministry told the Supreme Court that criminalizing marital rape would be “excessively harsh” and could “disturb the institution of marriage.”
🔴 Religious groups and men’s rights activists argue that “consent is implied in marriage” and that wives cannot withdraw consent later.
Critics say this logic is outdated and dangerous.
Alarming Statistics on Domestic & Sexual Violence in India
📊 A government survey found that:
🔹 32% of married women face physical, sexual, or emotional abuse from their husbands.
🔹 82% of women who report sexual violence say their own husbands were the perpetrators.
Yet, most cases go unreported because:
❌ Victims fear not being believed.
❌ Families pressure women to stay silent.
❌ Courts often side with husbands.
What Needs to Change?
Activists argue that:
✅ Marital rape must be recognized as a crime.
✅ Laws should protect women from sexual violence, even within marriage.
✅ Judicial systems must prioritize justice over outdated traditions.
🔊 “The demand for criminalizing marital rape is not about men vs. women,” says Sukriti Chauhan.
🗨 “It’s about ensuring the safety and dignity of all women. How can we stay silent when a wife dies from such horrific abuse?”
External Source:BBC Coverage
Internal Source:India marital rape law
