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February 27, 2025 at 03:19 PM
🔆 Key Takeaways from "Sex and Violence: Marriage Should Not Provide Immunity for Sexual Violence"
📍 High Court Ruling on Marital Consent
✅ The Chhattisgarh High Court ruled that "unnatural sex" by a husband in marriage is not an offence, relying on the presumption of consent.
✅ A man convicted by a sessions court for forced physical relations, allegedly leading to his wife’s death, was acquitted by the High Court under Exception II of Section 375 (IPC), which does not recognize marital rape unless the wife is under 15.
✅ The Supreme Court had previously raised this age limit to 18 in Independent Thought vs Union of India (2017).
📍 Legal Ambiguity Around Marital Rape
✅ India remains one of the few countries where marital rape is not a criminal offence.
✅ The Supreme Court deferred hearings in October 2024 on pleas to criminalize marital rape, signaling the need for legislative action.
✅ The Union government fears criminalizing marital rape may "undermine the institution of marriage."
📍 Prevalence of Spousal Violence
✅ Data from National Family Health Survey (2019-2021) shows 32% of ever-married women aged 18-49 in India faced physical, sexual, or emotional violence from their spouses.
✅ Only a small percentage seek help, exposing societal and legal gaps in addressing domestic sexual violence.
📍 Call for Urgent Legal and Social Reforms
✅ The ruling underscores the urgent need for legal clarity and societal change in addressing sexual violence within marriage.
✅ Despite constitutional safeguards, they remain ineffective without legal recognition of marital rape as a crime.
✅ Society must evolve towards mutual respect, dignity, and consent, rather than granting immunity for sexual violence within marriage.
#legalreforms #maritalrape #womenrights #society