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Having sexual intercourse against wife’s wishes is not Rape – Indian Court rules

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Raipur: The Chhattisgarh High Court has given a new ‘explanation’ for rape. The High Court ruled that if a husband had sexual intercourse against his wife’s wishes, it would not be considered rape. 

According to a report by The Daily Vendor correspondent in India the court argued that Indian law does not define marital relationship as rape if the wife is 15 or older. In the context of this argument of the court, one person has been acquitted of the charge of rape. Which has started a strong debate. 

The woman alleged that she had been tortured for demanding dowry since her marriage. Despite protesting, her husband forced her to have sex with him. The wife even complained that other objects were inserted into her genitals. 

Giving the verdict in this regard, Justice Chandrabangshi said that according to section 375 of the Indian Penal Code, sexual intercourse against the will of a woman is called rape. But if the wife is more than 15 years old, it is never rape. Even if the husband forcibly had sexual intercourse against the will of the wife, it cannot be termed as rape. 

However, the court accepted the allegation of sexual harassment made by his wife. The judge agreed to the charges of 36 unnatural crimes and section 498A, i.e. cruelty to women. 

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The court has been giving the same verdict on marital rape more than once. Earlier this month, Mumbai Additional Sessions Judge Sanjashree J Gharat dismissed the allegation of rape of a woman on the same grounds. 

Dismissing allegations of forcible sexual intercourse against the woman’s will, the judge said the husband’s treatment of his wife could never be considered illegal. 

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Again recently the Kerala High Court had said that marital rape could be an argument in case of divorce. In a case last March, the retired Chief Justice of the Supreme Court also said that it was wrong to make false promises of marriage. Whether it is a boy or a girl. But if a man and a woman are husband and wife, their relationship, no matter how cruel, cannot be called rape.

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