Unlawful Acts of Non-normal Intimacy with Spouse Not Penalized by Chhattisgarh High Court
In a controversial decision, the Chhattisgarh High Court has overturned a conviction of a man for unnatural sex and culpable homicide not amounting to murder. The man's wife, an adult, died due to peritonitis and rectal perforation allegedly caused by unnatural sex.
The ruling, which extends legal protection to unnatural sex within marriage, has reignited discussions on the need for stronger legal protections for married women in India. The court's decision is likely to spark controversy and debate, particularly in light of the ongoing debate over marital rape and consent laws in the country.
Under Indian law, any sexual act by a husband with his wife, if she is over 15 years old, cannot be considered rape. However, this ruling has taken the debate a step further, with the court stating that the absence of the wife's consent for an unnatural act loses significance in this case.
The specific details of the Maratha protest mentioned in the headline and its connection to the case are not provided in the article. Nonetheless, the ruling has sparked debate over marital sexual violence, with critics arguing that the verdict denies justice to victims of such violence.
Legal experts and activists have raised concerns over the implications of this verdict. They argue that it undermines the rights of married women and perpetuates a culture of impunity for marital sexual violence. The court's decision is also likely to set a dangerous precedent, they claim, as it effectively legalises unnatural sex within marriage.
The circumstances leading to the woman's death remain undisclosed in the provided information. A doctor testified that the woman's injuries were linked to the sexual act, but the court's ruling did not delve into the details of these circumstances.
Urgent reforms in India's marital rape laws are being called for, with many arguing that the current laws are outdated and do not adequately protect married women. Marital rape, unlike in many other countries, is not recognised as a crime in India. This ruling, therefore, highlights the need for a comprehensive review of the country's marital rape laws and a commitment to ensuring the safety and rights of all women.
