Chhattisgarh HC : Forceful Sex By Husband Not Rape
Sex or any sexual act by a husband is not rape even if it involves force, a High Court judge in Chhattisgarh has said in a ruling described as disgraceful and "atrocious" by many.
A woman who was married in 2017, filed a case in the Chhattisgarh High Court saying she was harassed over dowry, beaten by her husband and raped by her husband when she said she did not want to have sex. She had also alleged "unnatural sex", accusing her husband of violating her with objects. After understanding the case, a High Court judge in Chhattisgarh has said, “Sexual intercourse or any sexual act by a man with his own wife, is not rape. Marital rape is not a crime in India. Sex by force in marriages is a crime only if the wife is below 18. However, unnatural sex is not allowed and the person will be punished for it.” Last month, the Kerala High Court had said sex against a woman's will can be termed as marital rape.
Congress MP Gaurav Gogoi Tweeted by saying, “Husbands can not force their wife to have sex with them against their will. This is rape. Time has come for the Parliament of India to wake up and change laws in the country. It is shameful that India doesn't consider marital rape a crime.”
