As we know, marital rape is still not considered an offence in Indian law. And to add to this distressing outlook on the situation, the Chhattisgarh High Court recently ruled that copulation by a husband with his legally wedded wife, even if by force and against her wish, does not translate to rape.

Source: theprint

The court announced the ruling after discharging a man who was facing trial for rape due to a complaint by his wife. But also ordered that charges be framed against the accused under Section 377 of IPC for his act of unnatural offences against his wife. 

Source: Financial Express

The accused's wife claimed that she was subjected to cruelty, abuse and dowry harassment just days after getting married to him. Finally, this is what the high court ruled. 

In this case, complainant is legally wedded wife of applicant No. 1, therefore, sexual intercourse or any sexual act with her by the applicant No. 1/husband would not constitute an offence of rape, even if it was by force or against her wish.Hence, he is entitled to be discharged from the charge under Section 376 of the I.P.C. 

While marital rape is not considered a crime at the moment, there have been a few recent observations by courts that have provided some relief to the victims. For instance, earlier this month we saw Kerala High Court rule that marital rape is a valid reason to file divorce. 

But, this is how people have responded to the current scenario. 

This needs to be looked at with more sensitivity.