CHHATTISGARH HC RULING ON MARITAL RAPE

GS2 POLITY:

Overview:

• The Chhattisgarh High Court issued a ruling on marital rape that has ignited debate about legal protections under the Indian Penal Code (IPC). This case involved overturning a conviction related to the death of a wife, focusing on interpretations of consent and marital rights.

Context:

• The ruling stemmed from an appeal against a man’s conviction under IPC Sections 375 (rape), 377 (unnatural offences), and 304 (culpable homicide). The trial court had concluded that the wife’s death was linked to forced sexual relations.

Marital Rape Exception:

• Section 375 of the IPC includes an exemption for husbands from prosecution for non-consensual sex with their wives. This exception persists despite the 2013 amendment to the rape definition, sparking debates on consent and women’s rights within marriage.

Section 377 Implications:

• Although homosexuality was decriminalized by the Supreme Court in 2018, Section 377 still covers non-consensual acts. The High Court clarified that only non-consensual acts fall under this section, leading to complexities in sexual offence legislation.

Impact of Bharatiya Nyaya Sanhita (BNS):

• The BNS, which replaced the IPC, omits Section 377, creating a potential void in legal protections for sexual offences, particularly for men and transgender individuals. This has led to criticism regarding the adequacy of legal safeguards for all victims.

Legal and Social Reactions:

• The ruling and the changes in BNS have alarmed legal experts and human rights advocates. There’s concern over the lack of legal recourse for victims of non-consensual acts due to these legislative changes. Prior recommendations from a Parliamentary Standing Committee highlighted the necessity for laws that protect everyone from sexual violence.