Outrage in India as Judge Acquits Man Accused of Raping Wife Who Died

An Indian court’s ruling that a man’s forced “unnatural sex” with his wife does not constitute an offense has sparked widespread outrage and renewed calls for stronger protections for married women. The controversial decision has reignited the debate over marital rape in a country that has yet to criminalize it.

Background:
Earlier this week, a high court judge in Chhattisgarh released a 40-year-old man who was previously convicted of raping and engaging in unnatural sexual acts with his wife, leading to her death shortly afterward. In 2019, a trial court had sentenced the man to ten years rigorous imprisonment for culpable homicide not amounting to murder, based on a dying declaration and a post-mortem report indicating severe internal injuries.

Controversial Ruling:
On Monday, High Court Justice Narendra Kumar Vyas overturned the conviction, arguing that since India does not recognize marital rape, the husband could not be considered guilty of non-consensual sex or any non-consensual unnatural sexual act. This decision has been met with intense criticism from activists, lawyers, and human rights advocates.

Public Reaction:
Gender rights activist Sukriti Chauhan expressed deep concern, stating, “To watch this man walk free is unacceptable. Legally, the judgment may stand, but it is ethically and morally abhorrent.”

Legal expert Priyanka Shukla echoed these sentiments, noting, “This judgment sends a dangerous message that being a husband grants certain rights, even allowing one to commit such heinous acts and get away with murder.”

Details of the Incident:
According to court documents, the incident occurred on the night of December 11, 2017, when the husband, a driver, allegedly forced unnatural sex on his wife against her will, causing significant pain. She sought help from relatives and was rushed to the hospital, where she passed away a few hours later. Her dying declaration and the post-mortem report both supported the prosecution’s claims.

Legal Context:
Justice Vyas questioned the validity of the dying declaration and noted inconsistencies in witness testimonies. He further emphasized that marital rape is not recognized as a crime in India, despite numerous petitions calling for the amendment of Section 375 of the Indian Penal Code, which dates back to 1860.

Global Comparison:
India is among over 30 countries, including Pakistan, Afghanistan, and Saudi Arabia, where marital rape remains uncategorized as a criminal offense. Britain decriminalized marital rape in 1991, while India continues to adhere to outdated colonial-era laws.

Government Stance:
The Indian government has resisted efforts to criminalize marital rape, arguing that it could lead to “serious disturbances in the institution of marriage.” However, activists counter that existing laws are insufficient to protect women from sexual violence within marriage.

Statistics:
Recent government surveys reveal alarming statistics: 32% of married women face physical, sexual, or emotional violence by their spouses, and 82% have experienced sexual violence. Many incidents go unreported due to societal stigma and lack of trust in the legal system.

Read original News at BBC: https://www.bbc.com/news/articles/cm29drxjlxmo