Any kind of sexual relationship with married wife will not be considered – High Court
The Chhattisgarh High Court, while saying an important decision, has refused to treat the forced physical relationship made by the husband with the wife as rape. During the hearing of a case, the High Court gave this verdict and acquitted the husband of the charges of ‘marital rape’. The court said that if there is a lawful marriage between husband and wife, then any sexual act made by the husband after that or any sexual act shall not be treated as rape.
A similar case had come up in the Delhi High Court as well. During which the Center had refused to keep marital rape in the category of crime. Please tell that there is a provision of severe punishment for rape under Section 376 of the IPC. According to this section, a provision has been made for punishment for the husband who rapes the wife, but for this the age of the wife should be less than 12 years. But in India, marrying under the age of 12 is called child marriage, which is itself a crime.
Explain that marital rape is also a form of domestic violence. But it is not fully explained in the Indian Penal Code. In the court case, the complainant is legally married. In this case, the court said that the girl is married. Any sexual intercourse by a man with his own wife in any manner shall not amount to rape. However, the court has given permission to prosecute in the case of unnatural sex.