
Marital rape can’t remain an exception to rape law
Hindustan TimesA tale from modern India: A man rapes his wife so brutally she dies. In October last year, the ministry of home affairs told the Supreme Court that husbands do not have a fundamental right to “violate the consent of their wives”—a fancy way of saying rape—but if Parliament removed the marital rape exception, then the institution of marriage will be destroyed. In 2022, the Karnataka high court saw the exception clause as an “inequality that destroys the soul of the Constitution.” Holding a husband guilty of raping his wife, the judge noted that a “brutal act of sexual assault on the wife, against her consent, albeit by the husband, cannot but be termed rape,” and allowed the framing of charges. “There is not a single case in India of successful prosecution of a man by his wife in India for rape,” says senior advocate Indira Jaising who appeared for the wife in the 2022 Karnataka high court matter. Adds advocate Rohin Bhatt who also appeared for the wife: “The allegations were so ghastly that the high court held that even the exception could not provide him an immunity from prosecution.” Much of the chatter justifying why the exception should remain is sexist: Women will misuse it etc.
History of this topic

Woman can't claim rape after being in live-in for 16 years: Supreme Court
India Today
'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases
Live Law
Rape cases involving false marriage promises need clear evidence: Delhi HC
Hindustan Times
Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court
Live Law
Husband jailed for raping wife freed because marital rape not a crime in India
The Independent
DMK MP slams Chhattisgarh High Court ruling, demands India criminalise marital rape
India Today
Unnatural Sex By Husband Without Wife's Consent Not An Offence, Says Chhattisgarh High Court
ABP News
Unnatural sex by man with wife without her consent not an offence: High Court
India Today
Unnatural sex by husband not an offence, says Chhattisgarh High Court
The Hindu
Chhattisgarh HC rules husband cannot be prosecuted for ‘unnatural sex’; says ‘consent of wife loses importance’
Live Mint
Need to demarcate rape from consensual relationship gone sour: Delhi high court
Hindustan Times
Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha
The Hindu
Court sentences rape convict to jail time already undergone
Hindustan Times
Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner
Hindustan Times
Delhi court acquits man in 2021 rape case
Hindustan Times
Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape
Live Law
Delhi court awards rigorous life term to man for raping minor
Hindustan Times
Delhi court acquits tutor in minor student's rape case: Consensual relationship
India Today
Delhi court awards 15-yr jail term to man for repeated rape of minor girl
Hindustan Times
‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws
Hindustan Times
Delhi court convicts man for 'attempting' to sexually assault boy in 2015
Hindustan Times
Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
ABP News
Consensual sex with minor wife is also rape: Bombay high court
Hindustan Times
Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Live Law
Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
Live Law
Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
The Hindu
Indian government argues against classifying non-consensual sexual acts by husband as marital rape
The Independent
SC to decide on marital rape law despite Centre’s silence
Hindustan Times
SC to decide on marital rape law despite Centre’s silence
Hindustan Times
SC says it will consider listing pleas challenging marital rape exception soon
New Indian Express
Delhi court sentences man to 12-year jail in minor’s sexual assault case
The Hindu
Supreme Court indicates hearing on marital rape pleas would commence on August 13
Hindustan Times
Supreme Court to hear marital rape pleas next week
New Indian Express
Delhi court directs police to take action against woman for false rape complaint
Hindustan Times
Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
Live Law
'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
News 18
SC to hear pleas challenging marital rape exception in new criminal law on July 18
New Indian Express
Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court
Live Law
Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case
New Indian Express
India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage
CNN
‘Consent immaterial’: Madhya Pradesh HC says unnatural sex with wife not rape
Hindustan Times
‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
Op India
Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
Live Law
Delhi court initiates woman’s trial for perjury for levelling false rape charges
Hindustan Times
Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife
Live Law
If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
Live Law
Delhi High Court upholds law barring marriage of distant relatives
Hindustan Times
True Love Can’t Be Controlled Through Rigours of Law or State Action: Delhi HC Quashes Kidnapping & Rape FIR
News 18
No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
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