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Loopholes are a dangerous bet. Especially when we’re talking about them in the context of laws in our country, tip-toeing around which people can actually commit a crime and never face the time for it.
Rape, for instance, a heinous crime for which culprits are even hanged. But, when done within the 4 walls of a home and by a husband, it is turned a blind eye to, even by the Indian judiciary.
As is what happened (yet again) when the Chhattisgarh High Court discharged a 37-year-old man accused of raping his wife as the court observed that 'any sexual act committed by the husband against the wife, even if forced, does not constitute rape'.
‘*** with wife even by force or against her wishes not rape’, Chhattisgarh High Court acquits man on charges of marital rapehttps://t.co/vFD7ZCFctP
— OpIndia.com (@OpIndia_com) August 26, 2021
Judge NK Chandravanshi cleared the accused of charged with rape and abuse by simply saying, “Sexual intercourse or any sexual act by a man with his own wife, the wife not being under 18 years of age, is not rape."
This was in regards to the case where the complainant was married to the accused back in 2017, but soon after the wedding, she alleged that she was harassed over dowry, beaten by her husband and raped.
#NEWS: Husband having forceful *** with wife without consent is not rape, says Chhattisgarh HC. #FIIDailyEdit (1/n)
Read the full report here: https://t.co/DAbPKznEOU pic.twitter.com/Ut64e6xuPh
The Chhattisgarh High Court said, “In this case, the complainant is legally wedded wife of the applicant therefore, sexual intercourse or any sexual act with her by the husband would not constitute an offence of rape, even if it was by force or against her wish. Therefore, charge under Section 376 (rape) framed against the applicant husband is erroneous and illegal."
While the accused has been discharged of the crime under section 376 (rape), the court said he can still be charged under section 377 which bans *** “against the order of nature".
Bas ab yehi sunna baaki tha . https://t.co/K2ynAG5iP6
— taapsee pannu (@taapsee) August 26, 2021
Meanwhile, the regressive judgement has created an uproar on social media where most people are calling out the judiciary for being sexist and terming the ruling as ‘atrocious’.
Congress MP Gaurav Gogoi tweeted, “Time has come for the Parliament of India to amend Section 375 of the Indian Penal Code to extinguish the legal shield to marital rape. Women who are married cannot be forced against their will to have a sexual relationship by their husbands.”
‘Sexual intercourse by husband not rape, even if by force’: Chhattisgarh HC
Neanderthals in India’s judiciary need to wake up. Hope this is appealed in SC asap.
Trinamool Congress MP Mahua Moitra also wrote on Twitter, “Sexual intercourse by husband not rape, even if by force': Chhattisgarh HC Neanderthals in India's judiciary need to wake up. Hope this is appealed in SC asap."
First baby steps towards Talibanniisation of Indian women.
— #Just A Thought (@Rajvins21) August 26, 2021
Whereas some are even calling this judgement the beginning of ‘Talibanization of Indian women.
However, while most people are against the ruling, some stand right by it as they point out how it’s important to protect the interest of husbands who would be falsely accused, since there is no way to verify the wife’s claim.
Here are some of the reactions from the public:
Indian society remains deeply mysogenic and troubled. Not many, including many in the courts, understand Consent!https://t.co/UYjjlSA68X
— Myopic Astronomer (@sgekar) August 27, 2021
I condemn this #judgement . #Marriage is no licence to harassment- physical or mental.@NCWIndia @MinistryWCD
Sexual Act By Husband Not Rape, Even If By Force: Chhattisgarh High Court - NDTV https://t.co/ohX2Iiqubr
A woman, especially a wife, can not have a choice.
She is a slave of her husband as the per this Chhattisgarh High Court Judge.
Fucking gross and pathetic.
~ We really need more representation of female judges in Judiciary.
. #ChattisgarhHighCourt#HighCourt pic.twitter.com/O4u00nvhTZ
this is actually a good decision
— Jujutsu Pizza Senpai (@JujutsuPizza) August 26, 2021
Why are judges in India are turning to be mullahs.
— Rajnish Rana (@Rajnish96866747) August 26, 2021
Why is everyone abusing the judge here?
Judges don't make laws. Politicians do.
In India, there is no law against marital rape. How is it the judge's fault?
All husband will have force *** today after reading this verdict
— Saffrony Yours (@SaffronHead) August 26, 2021
Context is everything
How can anyone prove or disprove such things??
Courts should see it in context whether there was any physical harm or abuse
False incrimination of hapless husbands, in-laws is more rampant than people realize
This judgement is at par with the Sharia law
— Shunya (@MarkivTima) August 26, 2021
We wonder what the married women have to say about this!
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