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India anger as judge frees man accused of raping wife who then died

grey placeholderGetty Images is a volunteer from NGO (NGO) carrying a sign during a protest in New Delhi on October 11, 2020 to condemn the alleged rape and murder of a teenage woman in the village of Paul Garhi in Hathras, Uttar PradeshGety pictures

India is among a few dozen countries that do not recognize marital rape

Warning: This report contains some annoying details

The Indian Court’s decision that the “abnormal sex” that the man has equipped with his wife is not a crime that led to great anger and has sparked renewed calls for better protection for married women.

The controversial matter also brought back to the spotlight on the issue of marital rape in a country that refused to criminalize it.

Earlier this week, a judge at the Supreme Court in the state of Chathasesgar in central India fired a 40 -year -old man and was convicted by a trial court in 2019 with an abnormal rape and sex with his wife, who died within hours of the alleged attack.

The minimum court also found a guilty man by “a concrete murder that does not reach killing.” He was sentenced to 10 years in prison “in each number, with all sentences to run it simultaneously.

But on Monday, the Supreme Court judge acquitted Narendra Kumar Vias from all charges, saying that since India did not recognize marital rape, the husband cannot be considered guilty of non -consensual sex or any abnormal abnormal sexual act.

The verdict was met with anger, as activists, lawyers and activists renew their calls for criminalizing marital rape in India.

“Watching this man walks away is unacceptable. This ruling may be legally correct, but it is morally and morally hateful,” said Sogriti Chauhan, lawyer and sexual activist.

“A man exempts this crime, to say it is not a crime, it is the darkest hour in our legal system,” she told the BBC.

“We have shook the core. This needs to change and change quickly.”

grey placeholderGetty Images draws a mural with slogans inside the Medical College in Kolkata and the campus of the hospital that owes the rape and killing of a trained doctor in a hospital run by the government, in Colkata, India, on August 19, 2024Gety pictures

Violence against women is rampant in India

Priyanka Chocolate, a lawyer in Chathassjar, said that a judgment like this “sends a message that because you are the husband, you have rights. You can do anything, you can even stay away from killing.”

She added that this is not the first time that the court has issued such a ruling, and there is always anger.

“This time, the anger is more because it is very horrific and the woman died.”

Court documents make a dark reading.

According to the propaganda, the accident occurred on the night of December 11, 2017, when the husband, who worked as a driver, committed “abnormal sex with the victim against her will … which caused a lot of pain.”

After leaving the work, she asked for help from his sister and other relatives, and he was transferred to the hospital, where she died a few hours later.

In her statement to the police and her announcement to a judge, the woman said that she became sick “because of the strong sexual intercourse by her husband.”

Declaration of death carries a weight in court and legal experts say that it is generally enough for condemnation, unless it contradicts other evidence.

While convicted of the man in 2019, the Court of the Court of trial relied heavily on its advertisement, which dies and the post -death report, which stated “the cause of death was peritoneum inflammation and straight hole” – simply, serious injuries in its stomach and straightening.

However, Judge Vias saw matters differently – the “sanctity” of the statement of death interrogated, and indicated that some witnesses have retracted their statements, and most importantly, marital rape was not a crime in India.

grey placeholderGetty Images draws a mural in his hand with slogans inside the Medical College in Kolkata and the campus that condemns the rape and killing of a trained doctor in a hospital run by the government, in Colkata, India, on August 19, 2024Gety pictures

A number of petitions have been offered in recent years that seek to criminalize marital rape

Mrs. Chocolate said that the minimum condemnation of the court was “rarely rare”, perhaps because the woman died.

“But what is shocking about the Supreme Court order is that there is no even sympathetic comment by the judge.”

Given the nature of the attack, the Supreme Court order has become a shock to many, who believe that the judge should not reject the case in this way.

India is among more than 30 countries – along with Pakistan, Afghanistan and Saudi Arabia – where marital rape is not a criminal crime.

A number of petitions have been presented in recent years that seek to drop Article 375 of the Indian Penal Code, which has been present since 1860.

The British colonial era law mentions many “exemptions” – or situations in which sex is not rape – and one of them “by a man with his wife” if she is not less than 15 years old.

Britain banned marital rape in 1991, but India, which recently rewroved its criminal law, retained the decline law in its new basic book.

The idea is rooted in the belief that the approval of sex is “implicit” in marriage and that the wife cannot decline later. Activists say that such an argument cannot be defended on this day and this age, and this forced race is rape, regardless of who does this.

But in a country where marriage and the sacred family are considered, the issue has attracted opinions and there is a strong resistance to the idea of ​​criminalizing marital rape.

The Indian government, religious leaders and men’s rights activists have strongly opposed this step.

In October last year, the government told the Supreme Court that criminalizing marital rape would be “very harsh.” The Federal Ministry of Interior said it “may lead to serious disturbances in the marriage institution.”

The authorities also insist on having sufficient laws to protect women married to sexual violence. But activists say India cannot hide behind the old laws to deprive women of the physical agency.

grey placeholderGetty photos of students, citizens and medical professionals carry signs and screaming slogans in a protest march called Gety pictures

“Many people say that the constitution cannot enter your bedroom,” said Ms. Xuhan.

“But does not give women – like all citizens – the basic rights of safety and security? What kind of excess country in which we live is that we are calm when women must face this level of violence?” You ask.

Violence within marriage is rampant in India.

according to Modern government survey32 % of married women face physical, sexual or emotional violence by their husbands and 82 % have suffered from sexual violence by their husbands.

Mrs. Chocolate, and even this does not give the true scope of the problem, because the majority of women do not report violence, especially sexual violence, out of shame.

“In my experience, a woman is not trusted when she complains, everyone says it should be fake. The only time when such cases are taken seriously is when the woman dies or the assault is especially heinous,” the lawyer said.

Mrs. Zhuan believes that nothing will change until the law changes.

“We need to criminalize marital rape. The wife who does not get justice after such a heinous incident deserves a campaign at the level of the country, which is not born of anger but is serious [and] Well studied. “

She added that government activists and men are trying to present them as “a man in exchange for women’s discussion.”

“But the demand for criminalization of marital rape is not against men, but for the sake of the safety and welfare of women. Is it not important to ensure the safety of women?”

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2025-02-15 01:00:00

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