Chhattisgarh High Court Ruling on Marital Consent

A recent ruling by the Chhattisgarh High Court has sparked significant debate by ruling that "unnatural sex" by a husband in marriage is not an offence, primarily relying on the presumption of consent within the marital relationship.

Case Background

• A 40-year-old man from Bastar district was convicted by a sessions court due to the death of his wife in 2017, following a forced physical relationship.
• The High Court acquitted the husband, overturning the sessions court’s verdict of 10 years of rigorous imprisonment.

Legal Basis

• The High Court's decision was based on Exception II of Section 375 of the Indian Penal Code, which does not recognize marital rape as an offence unless the wife is under 15 years old.
• The Independent Thought vs Union of India & Anr. case (2017) raised this age to 18 years.

Debate and Implications

• The ruling highlights the ambiguous legal stance on sexual violence within marriage.
• In October 2024, the Supreme Court deferred hearings on pleas to criminalize marital rape, indicating that legislative action is required.
• The Union government argues that criminalizing marital rape could undermine the institution of marriage.

Statistics and Societal Impact

• India remains one of the few countries where marital rape is not a criminal offence.
• According to the National Family Health Survey 5 (2019-2021), 32% of ever-married women aged 18 to 49 years in India have experienced physical, sexual, or emotional spousal violence.
• Only a small percentage of these women seek help, underscoring the urgent need for societal and legislative changes.

Constitutional and Societal Considerations

Despite constitutional safeguards on life, liberty, equality, and dignity, and existing laws to protect women, true change requires a shift in societal attitudes and mindsets. No relationship, including marriage, should provide immunity from violence.