Back in 2019, a lower Indian court in the central Indian state of Chhattisgarh convicted a 40-year-old man of rape and “unnatural sex” with his wife, who died within hours of the alleged assault.
The man was held guilty of “culpable homicide not amounting to murder”, and sentenced to “rigorous imprisonment” for 10 years.
But in February, the High Court of Chhattisgarh, while hearing his appeal, acquitted him of all charges, arguing that he could not be considered guilty of either non-consensual sex or non-consensual unnatural sex because India does not recognise marital rape.
This controversial acquittal stunned many, and renewed focus on an ongoing campaign for India to strike down the legal exception for marital rape, a provision adopted from its colonial-era law, which dates back to the 19th century.
Rape within marriage is illegal in more than 100 countries, including Singapore. But India is among nations – such as Saudi Arabia and Afghanistan – where it is not considered a crime