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Sex and violence: On the judiciary, Indians and marriage
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Context
The Chhattisgarh High Court recently acquitted a man convicted for the death of his wife, emphasizing that "unnatural sex" within marriage does not automatically constitute an offence. This ruling has reignited debates around marital consent, the definition of sexual violence in marriage, and the need for legal reforms on issues like marital rape in India.
Legal Ambiguity and Marital Consent
- High Court’s Ruling on Marital Consent: The Chhattisgarh High Court acquitted a husband convicted of his wife’s death, based on the presumption of consent in marriage and the application of Exception II of Section 375 IPC.
- Presumption of Consent in Marriage: The court's reliance on marital consent in the context of sexual violence highlights the need for a clearer legal framework to address marital rape.
- Exception II of IPC: The court’s justification, referring to the IPC exception, reiterates the outdated legal stance where marital rape is not considered a criminal offence unless the wife is under 18.
Marital Rape and Legal Reform
- Current Legal Stance on Marital Rape: Marital rape is not criminalized in India, and the Supreme Court has deferred hearings on pleas to address this issue, urging legislative action.
- The Role of Legislature: The Supreme Court has indicated that it is up to the legislature to introduce laws criminalizing marital rape, emphasizing the need for legislative intervention in such matters.
- Government’s Stand on Marital Rape: The Union government has argued against criminalizing marital rape, citing concerns about undermining the institution of marriage, despite the growing calls for legal reform.
Societal Impact and the Need for Change
- Prevalence of Spousal Violence: Data from the National Family Health Survey reveals that 32% of ever-married women in India have experienced spousal violence, with few seeking help, underscoring the severity of the issue.
- Gaps in Legal Protection: Although constitutional safeguards exist, the lack of legal recourse for marital rape indicates a gap in the protection of women’s rights in India.
- Call for Societal Shift: To combat violence, there must be a change in societal attitudes towards marriage, with emphasis on equality, respect, and dignity within relationships.
Practice Question:
Examine the legal and societal challenges surrounding the issue of marital rape in India and discuss the need for legal reforms to address sexual violence in marriage.
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