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A Mumbai Court Ruled That Marital Rape Can’t Be Considered Illegal. This Is Shameful

August 16, 2021 | by Mitali Shah

Earlier this month, the Kerala High Court declared that marital rape was a viable reason for divorce. It goes without saying that we were delighted with the verdict. Marital rape needs to be criminalized. It’s caused hundreds of women to suffer in silence. But our joy was short lived. A few days ago, a Mumbai Court observed that forced sex between a married couple is not illegal. This was when the court was hearing the case of a woman who was paralysed from the waist down after her husband sexually assaulted her. This is one step forward and ten steps back. Basically, nothing new.

On 13th August, while hearing the plea of a woman who was left paralysed from her waist down after being subjected to marital rape, Mumbai Additional Sessions judge Sanjashree J Gharat said that the man can’t be held responsible. The court also said that hat forced sex in marriage “can’t be called illegal”. It’s shameful. Just when we thought our judiciary was getting more progressive. The worst part is that this awful judgement will demotivate other women from seeking legal help.

Also Read: Marital Rape Good Ground For Divorce Observes Kerala High Court

Reportedly, the court’s order read, “It is very unfortunate that the young girl suffered paralysis. However, the applicants (husband and family) cannot be held responsible for the same. Looking into the nature of the allegations made against the applicants, custodial interrogation is not required. The applicants are ready to cooperate during the course of the investigation.”

This disturbing case pertains to a couple who were married in 2020. The woman has alleged that once they got married, her husband started sexually assaulting her. Due to the marital rape, she suffered paralysis from the waist down. In her complaint, the woman also claims that her husband and his family have been harassing her for dowry. She said they put restrictions on her and also abused her. Obviously, the husband and his family have refuted all these allegations.

The Mumbai court’s judgement in this case is shocking. The woman was severely injured. The man and his family should be held responsible for all the torture they put her through.

Kerala High Court Says When Body Of Woman Is Manipulated To Give The Feeling Of Penetration, It Is Rape

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