India is in upheaval following a high court decision to acquit a 40-year-old man convicted in 2019 of raping his wife, who died shortly after the incident. This ruling has intensified the ongoing debate about the unrecognized status of marital rape in the country.
Judge Narendra Kumar Vyas from Chhattisgarh's High Court cited the absence of laws against marital rape as the basis for his decision, asserting that the husband could not be guilty of a crime that is not recognized by Indian law. The ruling has led to an outpouring of anger from activists, lawyers, and women's rights advocates, calling for immediate legal reform to include the criminalization of marital rape.
"This judgment reflects a deep-seated injustice," said Sukriti Chauhan, a gender rights lawyer. "It may be legally justifiable but morally unacceptable, sending a horrid message that a husband's rights supersede the safety of his wife."
The case traces back to December 11, 2017, when the husband allegedly forced his wife into unnatural sexual acts, causing significant physical injuries that led to her death shortly thereafter. Her dying declaration, which detailed the abuse she suffered, was pivotal in the trial court's initial conviction. However, High Court Justice Vyas deemed the declaration less credible.
The ruling has rekindled conversations around marital rape, a legal grey area in India, where approximately 30 countries still do not criminalize it. Despite increased calls for reform, the Indian government has resisted legal changes, claiming that existing laws sufficiently protect women and arguing that criminalizing marital rape could disrupt the institution of marriage.
With violence against women pervasive in India, a government survey indicates that 32% of married women report experiencing physical, sexual, or emotional violence. The alarming statistics underscore the urgent need for systemic change. Advocates like Priyanka Shukla stress that without legal reform, many women may never find justice.
The deeply entrenched societal belief that marital consent is perpetual complicates the movement towards legal recognition of marital rape. Activists argue that these long-standing views must evolve to reflect the fundamental rights of women, prompting a vital call for change. "Women deserve safety and security, both within and outside the confines of marriage," Chauhan emphasized, highlighting the need for both public awareness and legal accountability.
As outrage grips the nation, the path forward remains unclear, with many voicing that real change will only come when men and women can walk hand in hand towards a future where no woman faces unspeakable violence in silence.
