Sex and violence

• Chhattisgarh High Court ruled that “unnatural sex” by a husband in marriage is not an offence.

• The ruling relied on the presumption of consent within a marital relationship.

• The case involved a 40-year-old man convicted in connection with his wife’s death in 2017.

• The High Court acquitted the husband on appeal, highlighting the principle of consent.

• The court used Exception II of Section 375 of the Indian Penal Code, which does not recognize marital rape as an offence unless the wife is under 15 years old.

• The ruling highlights the ambiguous legal terrain surrounding sexual violence in marriage.

• The Supreme Court deferred hearings on pleas to criminalize marital rape in October 2024.

• India remains one of the few countries where marital rape is not a criminal offence.

• 32% of ever-married women aged 18 to 49 years in India have experienced spousal violence.

• The ruling calls for urgent action to ensure women can live free from violence and fear.