Unlawful Sexual Acts with a Spouse Remain Unpunished per Chhattisgarh High Court Ruling
In a controversial ruling, the Chhattisgarh High Court has overturned a conviction for unnatural sex and culpable homicide not amounting to murder, a decision that has sparked debate on marital sexual violence in India.
The case in question involved a man whose wife died in a hospital due to peritonitis and rectal perforation after alleged unnatural sex. A doctor testified that the woman's injuries were linked to the sexual act. However, the court stated that the absence of the wife's consent for an unnatural act loses significance.
This ruling extends legal protection to unnatural sex within marriage, a move that has been met with criticism from legal experts, activists, and the public. Critics argue that the verdict denies justice to victims of marital sexual violence and reinforces legal immunity for husbands in marital sexual relations.
The ruling does not address the recognition of marital rape as a crime in India, a subject that has been a long-standing issue in the country. Under Indian law, any sexual act by a husband with his wife (over 15 years old) cannot be considered rape. Marital rape is not recognized as a crime in India.
The court's decision has reignited discussions on the need for stronger legal protections for married women. The case serves as a catalyst for discussions on reforming India's marital rape laws, with urgent calls for reforms echoing in various circles.
It is important to note that the court's judgment does not provide information about who issued the Chhattisgarh High Court judgment on the immunity of unnatural sexual acts between a man and an adult woman. Additionally, the court's ruling does not address any comments made by Rahul Gandhi about infants' deaths in a hospital, which are not related to the case discussed in this article.
The implications of this verdict for marital sexual violence are a subject of ongoing debate. As the discussion continues, it is hoped that a more just and equitable legal framework will be established to protect the rights and safety of all individuals within marriage.
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