The All India Progressive Women’s Association (AIPWA) has condemned the recent decision by the Chhattisgarh High Court, which refused to recognise marital rape as a crime in the case of Gorakhnath Sharma vs State of Chhattisgarh. The verdict, delivered on 10 February 2025, has sparked widespread indignation, with progressive groups denouncing the court’s reinforcement of archaic and patriarchal legal interpretations.
The case revolved around a 2017 incident in which a woman was brutally assaulted by her husband. The victim suffered severe injuries after her husband engaged in non-consensual and unnatural sexual acts, leading to her hospitalisation and subsequent death. Despite the gravity of the incident, the High Court ruled that the husband’s actions did not constitute rape under Section 375 of the Indian Penal Code (IPC), citing the marital exemption clause.
The court stated that as long as the wife was above 15 years of age, her husband could not be prosecuted for rape. This directly contradicts the Supreme Court’s 2017 ruling in Independent Thought vs Union of India, which raised the age of marital consent to 18 years.
In its ruling, the court dismissed the victim’s dying declaration, citing technicalities, and reiterated that consent is irrelevant in marital relations for the purpose of determining rape. AIPWA leaders Rati Rao and Meena Tiwari expressed outrage at this regressive judgment, stating that it blatantly ignores constitutional principles of equality, bodily autonomy, and the right to live with dignity.
“This verdict upholds the medieval notion that marriage grants husbands ownership over their wives’ bodies,” said Rati Rao. “It flies in the face of decades of women’s right struggle to establish women as full citizens with inalienable human rights.”
The statement also highlighted the stark contrast with progressive judgments from other states. In Hrishikesh Sahu vs State of Karnataka (2022), the Karnataka High Court declared that rape is rape, regardless of the relationship between the perpetrator and the victim. Similarly, in 2023, the Gujarat High Court denied bail to a woman accused of aiding her son-in-law in sexually assaulting her daughter, emphasising that sexual violence within marriage is no less severe than outside it.
Despite multiple petitions challenging the marital rape exception, the central government has resisted calls for reform. It has argued that marital relations involve an inherent expectation of sexual access, reflecting an outdated and patriarchal understanding of marriage. AIPWA’s statement accused the BJP-led government of prioritising ‘family values’ over women’s fundamental rights, perpetuating a culture of impunity for sexual violence within marriage.
The Supreme Court’s repeated delays in hearing marital rape petitions have further exacerbated the crisis. On 23 October 2024, the Court postponed hearings on the issue, citing scheduling conflicts — a move critics view as an abdication of its duty to protect constitutional rights.
AIPWA has demanded the immediate repeal of the marital rape exemption in the IPC and called on Parliament to enact progressive legislation recognising the full spectrum of women’s rights within marriage. The organisation reaffirmed its commitment to continuing the struggle alongside India’s vibrant women’s movement.
“We will not rest until marital rape is criminalised and every woman, regardless of her marital status, can live free from violence and coercion,” declared Meena Tiwari.
