An Indian woman accused her husband of forcing her to have ‘unnatural sex.’ A judge said that’s not a crime in marriage

An Indian judge has dismissed a womans complaint that her husband committed unnatural sex, because under Indian law its not illegal for a husband to force his wife to engage in sexual acts.. ..

The ruling, made in the Madhya Pradesh High Court last week, shines a light on a legal loophole in India that doesnt criminalize marital rape by a husband against his wife, if shes over age 18.. . Campaigners have been trying to change the law for years, but they say theyre up againstconservatives who argue that state interference could destroy the tradition of marriagein India.. ..

A challenge to the law has been winding its way through the countrys courtrooms, with the Delhi High Court delivering a split verdict on the issue in 2022, prompting lawyers to file an appeal in the countrys Supreme Court that is still waiting to be heard.. . ..

When rape includes insertion of penis in the mouth, urethra or anus of a woman and if that act is committed with his wife, not below the age of fifteen years, then consent of the wife becomes immaterial Marital rape has not been recognized so far, the judge said.. . Indias Supreme Court increased marital consent from the age of 15 to 18 in a landmark judgement in 2017.. ..

The worlds largest democracy of 1.4 billion has made significant strides in enacting laws to better safeguard women, but lawyers and campaigners say its reluctance to criminalize marital rape leaves women without adequate protection.. . Lawyer Indira Jaising, who is among several advocates fighting to outlaw rape within marriage, said many women will benefit if the exception is struck down.. ..

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