Marital Rape is NO CRIME - High Court
In a recent decision, the allahabad high court sparked outrage by acquitting a man prosecuted under Section 377 of the IPC for an alleged "unnatural offense" against his wife. The court stated that if the wife is 18 or older, she is still protected against marital rape. The court noted the lack of criminalization for marital rape when the wife is 18 or older, adding that while petitions for such criminalization are pending at the supreme court, there is now no criminal consequence.
Critics claim that such legal decisions, along with contentious content in recent films like "Animal," run the risk of normalising bad behaviour. There is growing fear that these convictions would encourage criminals to perpetrate horrible crimes against women under the guise of marriage. As debates about criminalising marital rape continue, the interplay between legal judgements and public conceptions remains a point of contention.
While acquitting a husband under section 377 of the IPC for allegedly having 'unnatural sex' with his wife, the allahabad high court noted that "protection of a person" from being charged in "marital rape continues in cases where the wife is of 18 years of age or more," according to news agency PTI.
According to the bench of Justice ram Manohar Narayan Mishra, marital rape is not yet criminalized in the country. However, identical petitions are pending before the supreme court for consideration of criminalizing marital rape, as there is now no criminal consequence for marital rape when the wife is of or over the age of 18.
The panel also alluded to the supreme Court's decision in the matter of Independent Thought vs Union of india (2017), which declared that any sexual intercourse between a man and his wife aged 15 to 18 years constituted rape.
While acquitting the husband under Section 377 of the IPC for allegedly having 'unnatural sex' with his wife, Justice ram Manohar Narayan Mishra noted that "ingredients of unnatural sex, comprised under Section 377 IPC, are included in Section 375 (a) IPC, as observed by the high court of Madhya Pradesh."
Critics claim that such legal decisions, along with contentious content in recent films like "Animal," run the risk of normalising bad behaviour. There is growing fear that these convictions would encourage criminals to perpetrate horrible crimes against women under the guise of marriage. As debates about criminalising marital rape continue, the interplay between legal judgements and public conceptions remains a point of contention.
While acquitting a husband under section 377 of the IPC for allegedly having 'unnatural sex' with his wife, the allahabad high court noted that "protection of a person" from being charged in "marital rape continues in cases where the wife is of 18 years of age or more," according to news agency PTI.
According to the bench of Justice ram Manohar Narayan Mishra, marital rape is not yet criminalized in the country. However, identical petitions are pending before the supreme court for consideration of criminalizing marital rape, as there is now no criminal consequence for marital rape when the wife is of or over the age of 18.
The panel also alluded to the supreme Court's decision in the matter of Independent Thought vs Union of india (2017), which declared that any sexual intercourse between a man and his wife aged 15 to 18 years constituted rape.
While acquitting the husband under Section 377 of the IPC for allegedly having 'unnatural sex' with his wife, Justice ram Manohar Narayan Mishra noted that "ingredients of unnatural sex, comprised under Section 377 IPC, are included in Section 375 (a) IPC, as observed by the high court of Madhya Pradesh."