An Indian judge recently dismissed a woman's complaint of 'unnatural sex' by her husband, shedding light on a legal loophole in India that does not criminalize marital rape by a husband against his wife if she is over 18 years old. This ruling has sparked debates among campaigners who have been advocating for a change in the law for years.
Marital rape exemption in India stems from a colonial-era law that still persists more than 70 years after independence. The Madhya Pradesh High Court order highlighted the woman's allegations of non-consensual acts by her husband under Section 377 of India's penal code, which historically targeted same-sex couples before homosexuality was decriminalized in 2018.
Despite the woman's claims of repeated incidents and threats of divorce, the judge cited the lack of recognition of marital rape in Indian law, emphasizing the need for legal reform in this area. The case also involved allegations of mental and physical harassment by the husband's family over dowry demands.
India's treatment of women, particularly in cases of violence and discrimination, continues to raise concerns. While the country has made progress in enacting laws to protect women, the absence of criminalizing marital rape leaves many women vulnerable.
According to a national survey, a significant percentage of women reported being unable to refuse sex with their husbands, indicating a pressing need for legal safeguards. Although avenues for legal action exist, such as seeking restraining orders or invoking sections of the Penal Code for sexual assault and domestic violence, the effectiveness of these measures remains variable.
A recent study revealed instances where police failed to register complaints of marital rape, further underscoring the challenges faced by married women seeking justice. The findings highlight the urgent need for comprehensive legal reforms and improved enforcement mechanisms to address the issue of marital rape in India.
