Sexual act by husband not rape, even if it’s by force: Chhattisgarh high court
RAIPUR: Sexual intercourse or sexual act by a man with his wife, who is not under 18 years of age, is “not rape even if it is by force or ag inst her wish,” observed the Chhattisgarh high court while discharging a man of rape charges. The compnant had alleged that her husband had made “unnatural physical relation” with her several times.
In her compnt to the police, filed after efforts to settle their dispute went in vain, the woman also alleged that her husband and two of his relatives began harassing her for dowry within days of marriage.
On January 22 this year, the Bemetara additional sessions judge ordered framing of charges under IPC Sections 376 (rape), 498A (dowry harassment), 377 (unnatural offence) and 34 (common intention) ag inst the husband, and under Section 498-A ag inst his two relatives.
When the accused moved high court, Justice NK Chandravanshi passed his verdict on August 23, upholding the other charges but discharging the husband of rape charge.
“The compnant is the legally wedded wife… therefore, sexual intercourse or any sexual act with her by the husband would not constitute an offence of rape, even if it was by force or ag inst her wish,” the order said, adding that framing of charge under Section 376 of IPC is thus “erroneous and illegal”.
if woman finds it forceful they can always separate
With such ruling, by what is clearly a retrograde, misogynistic, male chauvinist "judge", leaves one to wonder if India has even progressed beyond the 12th century.
This is why prostitution must be legalized in India, and all this headache will go away.
Divorces in india should be quick and painless. Couples should be allowed to date before marriage.
Force, by anyone, to derive sexual gratification from a woman, is WRONG by any definition in a de ratic nation.
Even female animal will attack and not allow forcible sex
Marriage is a 'pure and sacred' word used for mingling of two different minds (souls) to act as one, not physical bodies alone. Otherwise, there is no meaning of marriage. Sorry to say, I do not agree with the court's ruling.
Those who make false charges must also be punished severely.
The judge should have experienced this act before passing the order
Is it application of mind? Unnatural sex is punishable. Sex by force is punishable. She must go for appeal.
Even some of our high courts are so retrogressive. How can a person force his will on another person and sanctify it as a ? Individual fre m to decide for oneself is a basic and here the state is supporting rape!
Women have always the choice to leave the marriage. On the other hand if the husband is not getting the sex he wants what options he has? Can he go outside marriage and have sex or seek divorce on the ground of non satisfying wife?
Idiot gawaar judges. This is the quality of judges you get because if all the quota and VIP sy em in India and this is why rapist get free and become po iticians. Such judges or lawyers who side with rapists need to be thrashed in public.
whaddafaq is wrong with these HC judges???
No wonder you see Rapists offering to marry the victims to avoid prison.
Marriage does not mean that a men can put pressure on the lady. Marriage is not a licence to have forceful sex.
Continued preference of a wife not to have sex with her husband is wrong. While this has been accepted as a valid ground for husband to seek divorce, sad reality is that such process is not only complex, but it also attracts public ridicule. ... ...
If marital rape is recognised by law & becomes a punishable offence, just imagine the plight of the husband who can easily be accused of committing this crime by the wife whenever she wishes to teach him a lesson. So should a husband wanting to make love, seek a written permission from his wife to do so & keep a proper record of it?
A Taliban verdict...
Women should have the to decide when they want to have sex with their husbands. They are not at the mercy of their husbands. in the same way they cannot file false compnts ag inst their husbands of dowry and stuff like that. Law needs to be updated.