In India, growing clamour to criminalise rape within marriage

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In India, marriages are sacrosanct and it is not a crime for a man to rape his wife.

A protest in India against rape

On Thursday, Justice NK Chandravanshi of the Chhattisgarh high court ruled that "sexual intercourse or any sexual act by a husband with his wife cannot be rape even if it was by force or against her wish".The judge said the man could be tried for unnatural sex, but cleared him of the much more serious offence of rape since Indian law does not recognise marital rape.

It's not just social media, the contentious topic of marital rape also appears to have divided judiciary. The British colonial-era law, which has been in existence in India since 1860, mentions several "exemptions" - situations in which sex is not rape - and one of them is "by a man with his own wife" who's not a minor.

 

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