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Sex between a married couple is not rape, even if done forcibly: Chhattisgarh High Court

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A man accused of rape in matrimonial relations was acquitted by the Chhattisgarh High Court on Thursday. The court said that having a sexual relationship between two people who are legally married, even if forced, cannot be called rape. However, the court upheld Section 377 of the unnatural sex against the man. The case against the person under him will continue. According to the LiveLaw report, the woman had accused her husband and mother-in-law of demanding dowry and domestic violence. Apart from this, the woman had alleged that even after protesting from her side, the husband forcibly indulges in unnatural sex.

Hearing this matter, Justice NK Chandravanshi said, “Sexual intercourse or any such act on the part of a man will not be called rape.” Provided that the age of the wife is more than 18 years. The judge said that in this case the complainant woman is the legally wife of the accused man. In such a situation, having sex with her husband cannot be called rape. Even if it was done forcibly or without his consent. Along with this, the court acquitted the man from the charge of section 376 i.e. rape. However, the case will still continue on him under the charges of making unnatural relations, dowry harassment.

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There has been a long debate over the definition of marital rape.

This decision of the Chhattisgarh High Court regarding marital rape can be an example for the coming cases. Therefore, this decision is being considered important. Women’s rights activists have been demanding a law on marital rape for a long time. However, due to its complexity, no consensus has been seen so far on this. A section believes that such a law can create a new problem in a traditional society like India. Apart from this, questions have also been raised about how marital rape will be decided.

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