"Forced sex in a marriage cannot be called illegal," says Mumbai Court

A Mumbai’s session court recently ruled that forced sex in a marriage cannot be called illegal.

The court was hearing a plea of a woman, who suffered paralysis after forcible intercourse. 

In the case, Mumbai Additional Sessions judge Sanjashree J Gharat ruled that the man cannot be held responsible. The court added that it was unfortunate that the young girl had suffered paralysis but the husband and his entire family couldn't be held responsible.

According to reports, the woman in her complaint said she got married to the Wadala resident in November 2020. Her husband and in-laws started imposing restrictions on her immediately after the marriage. She alleged that they demanded money and made taunts, abused and ill-treated her for failing to meet the demand.

The woman also claimed that a month after the marriage, her husband had intercourse with her against her wish. She said he again forced himself upon her when they went to Mahabaleshwar in January and thereafter, she fell ill. She added that on returning from Mahabaleshwar when she went to a doctor, she was informed that she had suffered paralysis below the waist. Later, she filed an FIR in Mumbai against her husband and others, who later approached the court with an anticipatory bail application.

However, the court has granted anticipatory bail to the Wadala resident.

Meanwhile, the prosecution opposed the anticipatory bail plea being granted to the accused. But, the judge noted that while the woman had complained against the dowry demand, she did not say how much the demand was for.

During the hearing, the husband and his family said that they were being falsely implicated in the offence and that there was no demand for dowry. 

They told the court that the husband too had filed a case against the woman and some of the family members who had been accused by her said that they lived in Ratnagiri and had come to live with the couple only for two days. Another family member said that she was pregnant.

Moreover, the judge noted that the issue of forced sex does not stand a legal ground.

Though the sessions court order does not reflect the opinion of the Supreme Court (SC) which had observed that in a marriage a man and woman are equals and the woman has a right to privacy as well.