Sexual Act By Husband Not Rape, Even If By Force: Chhattisgarh High Court
NDTV
The case on which the judge pronounced the order involves a woman who was married in 2017. She alleges in her petition that she was harassed over dowry, beaten by her husband and raped.
Sex or any sexual act by a husband is not rape even if it involves force, a High Court judge in Chhattisgarh has said in a ruling described as disgraceful and "atrocious" by many. ‘Sexual intercourse by husband not rape, even if by force': Chhattisgarh HCNeanderthals in India's judiciary need to wake up. Hope this is appealed in SC asap. "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 case on which the judge pronounced the order involves a woman who was married in 2017. She alleges in her petition that she was harassed over dowry, beaten by her husband and raped. "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 husband is erroneous and illegal," the High Court said.
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