A recent ruling by an Indian high court has sparked widespread outrage after it acquitted a man previously convicted of raping and causing the death of his wife. The 40-year-old man was initially sentenced to ten years of rigorous imprisonment for each count, with sentences to run concurrently, by a trial court in 2019. The court's decision relied heavily on the wife's dying declaration and a post-mortem report that cited peritonitis and rectal perforation as the cause of death. However, Justice Narendra Kumar Vyas of the Chhattisgarh High Court acquitted the man, citing India's lack of recognition for marital rape as a criminal offense.
The case has reignited debates around the absence of legal protections against marital rape in India, a country where more than 30 others globally do not criminalize the act. While Britain outlawed marital rape in 1991, India retained this archaic law in its statute books, despite numerous calls for reform. According to a recent government survey, 32% of married women in India face physical, sexual, or emotional violence from their husbands, with 82% experiencing sexual violence.
The acquittal has drawn sharp criticism from activists and legal experts across the nation. Priyanka Shukla, a lawyer based in Chhattisgarh, described the lower court's conviction as "a rarest of rare case." She expressed disbelief at the acquittal, stating:
"This sends out the message that because you're the husband, you have rights. And you can do anything, you can even get away with murder" – Priyanka Shukla
The judgement has also prompted renewed calls for the criminalization of marital rape. Campaigners argue that India cannot continue to rely on outdated laws to deny women their bodily autonomy and agency.
"We need to criminalise marital rape. The wife not getting justice after such a gruesome incident deserves a nationwide campaign, which is not born of anger but is serious [and] well thought out." – Sukriti Chauhan
Sukriti Chauhan further highlighted the ethical implications of the court's decision:
"To watch this man walk away is unacceptable. This judgement may be correct legally, but it is ethically and morally abhorrent," – Sukriti Chauhan
The ruling has also brought attention to Section 375 of the Indian Penal Code, a British colonial-era law that includes exemptions where sex is not considered rape, one of which pertains to acts committed by a man with his wife if she is over 15 years old. Numerous petitions have been filed in recent years seeking to abolish this section.
Chauhan added:
"What kind of redundant country do we live in that we remain quiet when a woman has to face this level of violence?" – Sukriti Chauhan
The case underscores a broader societal issue where women's complaints are often dismissed or not taken seriously unless they result in death or particularly heinous assaults. Shukla noted:
"In my experience, women are not trusted when they complain, everyone says it must be fake. The only time such cases are taken seriously is when a woman dies or the assault is particularly gruesome," – Priyanka Shukla
Activists are now calling for urgent legal reforms to address these systemic issues and ensure justice for victims of marital violence. They argue that significant changes are necessary to protect women's rights and provide them with the legal backing they deserve.
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