Team  SoOLEGAL

SC questions what construes marital rape

Team SoOLEGAL 3 Mar 2021 4:21pm

SC questions what construes marital rape

On Monday, 1st March, 2021, by initiating once again the debate related to marital rape, Supreme Court had asked whether sexual intercourse between a legally wedded man and a wife can be called as rape. Chief Justice SA Bobde, while hearing a petition where a person was accused of rape by a woman with whom he was in a live-in-relationship, was of the view that, in a live-in-relationship or in a marriage relationship, the husband may be a brutal man (though it is wrong) but the act of sexual relationship between a lawfully wedded husband and wife cannot be termed as rape.

The complainant had stated that, the couple had been in a romantic relationship, but the woman had declined to get into a physical relationship until they got married. She had said that, she with the accused had gone to Manali in February 2014 and had been secretly married in the temple. The accused had contended that, the live-in-relationship was a consensual one and no marriage had taken place between them and on the other hand, the woman had stated that, the consent for sexual intercourse was obtained by fraud.

The Court was of the view that, although false promise of marriage is wrong but it does not mean that, sexual intercourse can be termed as rape. The woman had also contended that, the accused had brutally exploited her and in reply the Court had advised the woman to file a case of assault and marital cruelty and not to file a case of rape. The Court had granted protection from arrest to the man for eight weeks.  



Tagged: Chief Justice SA Bobde   live-in-relationship   SC  
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