The discourse around marital rape is one of big legal issues that the judiciary in India has found itself divided over in the recent times. There have been many petition to criminalise marital rape in India but the petitioners are still waiting for a final decision from the supreme court. Meanwhile, various high courts in the country are passing judgements over the matter setting precedents for other similar trials.
The Allahabad High Court has acquitted a man charged with rape under section 377 IPC. The court said that protection of a person from marital rape continues in cases where the wife is 18 years old or more.
The Allahabad High Court cited a judgment of Madhya Pradesh High Court which said that there is no place for unnatural offenses between a husband and a wife. This largely entails a man to force his wife into having sex with him as and when he pleases.
The Allahabad High Court made another observation that the section 377 IPC is not present in the Bhartiya Nyaya Samhita, which is proposed to replace the Indian penal code. Referring to a penal code system that is not into effect is seen as a concern.
Earlier this year, the Karnataka High Court made a statement that ‘a rape is a rape’ no matter if it is the husband, to deny bail to an accused. It is a matter of concern how our laws permit a man to rape a person under the legal structure of marriage.
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