The High Court of Chhattisgarh has been in the limelight since its inhumane and disgraceful decision on Thursday.
A Chhattisgarh HC judge, Justice NK Chandravanshi said in a ruling that ‘Sex or any sexual act by a husband is not rape even if it involves force’.
The case was of a woman who was married in 2017 and alleges in her petition that she was harassed over dowry, beaten by her husband and raped.
Justice NK Chandravanshi noted that Exception 2 to Section 375 (which defines the offence of “rape”) of the Indian Penal Code (IPC) lays down that “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under 18 years of age, is not rape.”
The wife also alleged her husband of “unnatural sex” accusing her husband of violating her with objects.
Under this, the husband was charged under Section 377, which bans sex “against the order of nature”.
