An Indian judge has dismissed a woman’s complaint of “unnatural sex” against her husband, citing a legal loophole that does not criminalize marital rape in India. The ruling, issued in the Madhya Pradesh High Court last week, has reignited the debate surrounding women’s rights and legal protections in the country.
Under Indian law, marital rape is not considered a crime if the wife is over the age of 18, highlighting a glaring gap in legal protections for women. Despite efforts by campaigners to change this law, they face opposition from conservative groups who argue against state intervention in marital affairs.
The case in question arose when a woman accused her husband of committing “unnatural sex” under Section 377 of India’s penal code, which historically targeted consensual same-sex relationships. The woman alleged that the act occurred multiple times, with her husband threatening divorce if she disclosed it. Her decision to come forward followed encouragement from her mother in 2022.
However, the husband challenged the complaint in court, asserting that any sexual activity between them, even if deemed “unnatural,” was not criminal due to their marital status. Justice Gurpal Singh Ahluwalia supported this argument, citing India’s exemption for marital rape, a legacy of British colonial rule.
Ahluwalia’s ruling has reignited discussions on women’s rights and protections in India, where patriarchal attitudes persist despite legal reforms. Campaigners, including lawyer Indira Jaising, have called for urgent action to address the issue, emphasizing the vulnerability of women in abusive marital relationships.
While women in India have avenues for legal recourse against marital rape, such as civil restraining orders and charges under relevant sections of the penal code, enforcement remains inconsistent. A recent study revealed that many cases of marital rape go unreported, with survivors often facing disbelief or indifference from authorities.
As India grapples with these systemic challenges, the ruling serves as a stark reminder of the urgent need for legal reforms to better protect women from violence and discrimination within marriage. Advocates continue to push for change, urging authorities to prioritize the safety and well-being of women across the country.
Si Venus L Peñaflor ay naging editor-in-chief ng Newsworld, isang lokal na pahayagan ng Laguna. Publisher din siya ng Daystar Gazette at Tutubi News Magazine. Siya ay isa ring pintor at doll face designer ng Ninay Dolls, ang unang Manikang Pilipino. Kasali siya sa DesignCrowd sa rank na #305 sa 640,000 graphic designers sa buong daigdig. Kasama din siya sa unang Local TV Broadcast sa Laguna na Beyond Manila. Aktibong kasapi siya ng San Pablo Jaycees Senate bilang isang JCI Senator.
