Unjust laws logically end in injustice but even by this bleak yardstick the Chhattisgarh's HC recent judgement letting off a man convicted by lower courts on a charge of marital rape is extremely disturbing. The woman's dying declaration blamed her injuries on forceful sexual intercourse by her husband, even the post mortem revealed the cause of death as rectal perforation. The judges quoted Exception 2 in section 375 of the BNS which states that sexual acts by a man with his own wife do not constitute rape. The biggest and most widespread form of sexual violence in India is thus being abetted by such archaic and illogical laws. The Parliament and courts have decriminalized adultery and same sex relationships , why then is it dragging it's feet on marital rape. The concept of consent still has a long way to go in Indian society but the only way to get ahead is to end all legal protection for non-consensual sex.
