Forced Sexual activity by husband cannot be deemed as RAPE: Chhattisgarh High Court

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• Aug 27, 2021 | moderator

Raipur: In a startling as well as atrocious ruling made by the Chattisgarh High Court, any sexual activity or intercourse by the husband even by force cannot be deemed as rape, stated a High Court Judge.

"Sexual intercourse or any sexual act by a man with his own wife, the wife not being under 18 years of age, is not rape," says an order from Chhattisgarh High Court Judge NK Chandravanshi, clearing a man accused by his wife of rape and abuse.

The court gave its ruling on a case involving a woman who accused her husband of rape and dowry harassment since the time she was married in 2017. She alleged in her petition that she was regularly harassed for dowry and beaten by her husband.

"In this case, the complainant is legally wedded wife of applicant 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 against her wish. Therefore, charge under Section 376 (rape) framed against the applicant's husband is erroneous and illegal," the High Court said.

The woman also accused her husband of performing "unnatural sex", violating her with objects.

While the court disagreed with her on the rape charge, the judge said the husband can be charged under Section 377, which bans sex "against the order of nature".

Marital rape is not a crime in India. Sex by force in marriages is a crime only if the wife is below 18.