Chhattisgarh High Court on August 23 observed that a sexual intercourse of any kind of sexual act with his own legally wedded wife even if done forcefully does not amount to rape. This observation was made by Chhattisgarh HC on Thursday in a criminal revision plea filled by a man and his two family members. The Criminal review was filled in HC asking court to quash the rape charges against the man.

The Victim married the accused man in 2017 who is native of Raipur, Chhattisgarh. It was alleged that after few days of marriage the husband and his family members started harassing the victim for dowry. Regarding this the wife lodged complaint at Bemetara Police station against husband and two in-laws which is in Bemetara district. The wife alleged of being subjected to cruelty, abuse, rape and dowry harassment soon after marriage. She also alleged of being subjected to unnatural physical relations against her will and despite of her protest by her husband. She alleged that the accused performed unnatural sex with her and inserted his finger and a radish in her private parts despite her protest. After investigation a charge sheet under section 498-A, 377, 336, 34 of Indian penal court was filled against the husband and his two family members. The allegation of cruelty was supported by her parents and neighbourhood witnesses.

The counsel for husband argued that these charges were erroneous and illegal and requested court to quash the charges.

Justice N K Chandravanshi on Thursday discharged the man of 37 year old of rape charges and observed that Indian law does not recognises marital rape if wife is above age of 18 years. He relied upon the exception II of section 375 of Indian penal code. The High court held charge under section 376 (Rape) of Indian penal code was illegal. The judge did not find any infirmity in framing of charges under section 498 A & 34 against husband and in-laws. Court also sustained the charges under section 377 of unnatural sex as carnal intercourse is against the order of nature and was alleged by wife of being forced to do carnal intercourse.

This is not first such observation by court in India earlier Justice Sanjashree J Gharat who is additional session judge in Mumbai observed that the complaint of marital rape by a woman against husband did not stand up in legal scrutiny. Marital rape is recognised in many countries but in India it only amount to rape if wife is below the age of 18 years. In India marital rape is a valid ground for divorce and comes under cruelty by husband but it is not penalised. India is one of 32 countries in the world which does not penalise Marital Rape.

Many celebrity on social media expressed shock on the decision of the Chhattisgarh High Court and hope it will be taken up seriously by Supreme Court of India. Many jurists argue that exception II under section 375 violates fundamental right of equality under Indian Constitution as this section is not based on intelligible differentia and it solely relies on basis of marital status of a woman.