In a verdict that has ignited controversy across India and beyond, a judge at the Madhya Pradesh High Court has ruled that forcing a spouse into “unnatural sex” does not constitute a crime under current Indian law. This decision underscores the persistent legal gap in recognizing marital rape as a criminal act, a point of contention that has been subject to heated debate and slow legal reform.
The incident in question dates back to 2019, when a newly married woman reported that her husband coerced her into engaging in non-consensual acts, described legally under Section 377 of India’s Penal Code as “carnal intercourse against the order of nature.” This law, historically used against homosexual couples until its amendment in 2018, became a point of legal dispute when the woman sought justice.
Despite her complaints, which included multiple incidents and threats of divorce from her husband if she disclosed the abuse, Justice Gurpal Singh Ahluwalia dismissed the case, citing the marital rape exemption. This exemption, a colonial-era holdover, effectively negates the requirement for marital consent, declaring that the consent of a wife over the age of eighteen is immaterial in such cases.
This ruling comes despite the Supreme Court’s 2017 enhancement of the marital consent age from 15 to 18 years. It also aligns with the ongoing reluctance of Indian courts to criminalize marital rape, reflecting the broader societal and patriarchal norms prevalent in the country.
The woman’s ordeal was compounded by allegations of mental and physical harassment by her in-laws, related to dowry demands. While a trial on these charges is pending, the overarching issue of marital rape remains unaddressed at a legislative level.
Legal experts and campaigners have long argued that the absence of laws criminalizing marital rape fails to provide adequate protection to women, leaving them vulnerable within their own marriages. This sentiment is supported by data from the National Family Health Survey (2019-2021), which highlights that a significant portion of women feel powerless to refuse unwanted marital sex.
The implications of this ruling are profound, sparking a national conversation about the legal and moral obligations of India to its female citizens and the necessity for urgent legislative reform to safeguard women against all forms of sexual violence, including within marriage.