Context:
The Chhattisgarh High Court recently made a significant ruling concerning marital rape and Section 377 of the Indian Penal Code (IPC). The court ruled that the marital rape exemption under Section 375 extends to Section 377. This means that forced "unnatural sex" within a marriage, even if non-consensual, will not be treated as an offense under Section 377, which criminalizes unnatural sex.

What the Court Said?
The High Court emphasized that Section 375 of the IPC defines rape but provides an exemption for non-consensual sex between a man and his wife if she is above the age of 18. Under the current law, a husband cannot be prosecuted for rape if he engages in non-consensual sex with his wife, provided she is legally an adult.

Building on this, the Chhattisgarh HC extended the marital rape exemption to Section 377. The court concluded that forced unnatural sex within marriage—such as non-consensual anal sex—would not be considered an offense under Section 377.

While Section 377 criminalizes unnatural sex, the Supreme Court’s 2018 decriminalization of homosexuality did not eliminate non-consensual acts from its scope. The court relied on the rationale that the marital rape exception in Section 375 should apply to Section 377 as well.

Significance of the Ruling:
This ruling holds significant implications for legal protections for married women. Prior to this decision, women who experienced non-consensual sexual acts within marriage could turn to Section 377 for legal recourse, especially in cases where domestic violence laws were inadequate.

However, by extending the marital rape exemption to Section 377, the court has effectively removed one of the few remaining avenues for married women to prosecute their husbands for forced sexual acts, including forced unnatural sex.

This decision is widely viewed as a setback for women's legal rights in cases of marital rape and sexual violence within marriage. By narrowing the legal scope for such offenses, the ruling highlights the urgent need for further reforms in India’s legal framework to better protect women's rights and bodily autonomy.

Conclusion:
The Chhattisgarh High Court’s ruling on marital rape and Section 377 adds complexity to India’s legal position on sexual violence within marriage. With limited legal options available for married women facing sexual violence, the ruling underscores the ongoing necessity for comprehensive legal reforms to address issues like marital rape and ensure adequate protection for women's rights.