Indian Court Overturns Conviction of Husband Jailed for Raping his Wife who was a Minor

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A 40-year-old man who was convicted of raping his wife, a minor, and causing her death has been freed by an Indian court, which ruled that marital rape is not a crime under the country’s laws. The man had been sentenced to ten years in prison in 2019 after being found guilty of rape, “unnatural” sex, and culpable homicide not amounting to murder.  

 

The case dates back to 2017 when the man was arrested following his wife’s death. Before she passed away, she made a dying declaration stating that she had been forced to have sex with her husband and had suffered severe injuries as a result. She was taken to the hospital but succumbed to her injuries the same day, according to legal media outlet Live Law. However, the Chhattisgarh High Court has now overturned the conviction, citing the country’s laws on sexual acts within marriage and ordering the man’s immediate release.  

 

Justice Narendra Kumar Vyas, who presided over the case, stated that “if the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance.” This ruling appears to contradict a landmark Supreme Court decision from October 2017, which raised the age of marital rape from 15 to 18.  

 

The man’s defense team argued that there was no legally admissible evidence against him and that the conviction had been based solely on the woman's dying declaration. They also contested the cause of her death, claiming that the trial court had ignored testimonies from two witnesses who stated that she had suffered from piles since her first childbirth, which allegedly caused her bleeding and abdominal pain.  

 

The ruling has reignited the debate over marital rape laws in India. Last year, the Indian government opposed calls to criminalize non-consensual sex within marriage, arguing that such a move could disrupt conjugal relationships and “disturb the institution of marriage.” The federal Home Ministry told the Supreme Court that while a husband does not have the right to violate his wife’s consent, classifying such an act as “rape” would be “excessively harsh and therefore disproportionate.”  

 

The decision to overturn the conviction has sparked widespread criticism, with legal experts and activists questioning how a law meant to protect women could be interpreted in a way that denies justice to victims of marital rape. The case highlights ongoing legal and societal challenges in India’s fight for gender equality and the recognition of marital rape as a criminal offense.

 

Based on a report by The Independent 2025-02-14

 

 

[hotsun]

Tells me everything i need to know about india

[gargamon]

And of course, if you want a divorce in India, just set your wife on fire. (From 60 minutes 20+ years ago)

Edit: still happening apparently

https://www.ndtv.com/video/husband-in-laws-burn-up-woman-alive-after-cops-refuse-to-file-triple-talaq-case-524770