The Chhattisgarh High Court recently made a shocking ruling, saying unnatural sex between an adult married couple does not merit punishment. The bench was hearing a case involving a woman who died in the hospital after unnatural sex with her husband. The doctor said she had peritonitis and rectal perforation. Accused of unnatural sex and culpable homicide not amounting to murder, the victim's husband was convicted by a trial court but was acquitted by the High Court.
Unnatural Sex Not A Crime?
The Chhattisgarh High Court ruled that unnatural sex does not account for punishment as well. The HC bench said that if the wife is more than 15 years old, "any sexual intercourse" or sexual act by the husband cannot be termed as rape and the absence of the wife's consent for the unnatural act loses significance.
"The offence between husband and wife cannot be made out under Section 375 Indian Penal Code (Rape) as per the repeal made by way of amendment and in view of repugnancy between both the sections," the judgment stated. The Supreme Court of India is heating many petitions seeking the criminalisation of marital rape.
Marital rape is not yet punishable by law in India as the Centre maintains that protection of the institution of marriage is essential. So it is not within the court's purview to decide on the matter. The government also argues that the Parliament has provided several measures to protect the consent of a married woman within marriage.
The recent judgment by the Chhattisgarh HC has received backlash on social media. Here are some opinions from X.
/shethepeople/media/agency_attachments/2024/11/11/2024-11-11t082606806z-shethepeople-black-logo-2000-x-2000-px-1.png){kind=logo}
/shethepeople/media/member_avatars/6PFAqAWygpdpsW9HJtjQ.png )
Follow Us/shethepeople/media/media_files/E2wUg1pAYGTQToThWWC4.png)