“Sexual intercourse or sexual acts by a man with his own wife…would not constitute an offense of rape, even if it was by force or against her wish.”
In this order given by the High Court of Chattisgarh, the charges of rape against the 37-year old accused man were discharged.

Referring to exception 2 of Section 375 of the Indian Penal Court (the section dealing with the offense of rape), Justice N.K. Chandravanshi stated that any kind of sexual act with his legally wedded wife does not constitute rape, even it is by force or against her will.

(Trigger Warning)
The woman had accused her husband and his family of domestic abuse, cruelty, and dowry harassment after marriage. She also claimed her husband to be inserting his fingers and ‘radish’ in her vagina against her will. She stated that her efforts of approaching the court and the police were in vain.

Section 498A (cruelty to women) was upheld against the accused man and his family along with Section 377 (carnal intercourse).

Likewise, the Kerala High Court also recently ruled ‘Marital Rape’ as not being a criminal offense. Instead, the offense will be treated as ‘cruelty against women’.

The Union Government states that criminalizing ‘Marital Rape’ can be used as ‘a tool to harass husbands’ and ‘destabilize the institution of marriage’.

Since thousands of years, women have been systematically subjected to (and still are) brutal oppression and suppression. Instead of considering this very fact, the government believes ‘men harassment’ is more important an issue.
Similarly, by romanticizing the patriarchal institution of marriage and not making efforts to bring reforms in it - societal misogyny, Brahmanical patriarchy, and hence the subjugation of women is what the government seems to be actively promoting.

It is difficult to understand why similar arguments were not brought while criminalizing ‘polygamy’ and ‘triple talaq’. This shows how political Hinduism, through micro-forms, is spreading its ideology that has misogyny, casteism, racism, and violence as its core.
It is ironic how suddenly the talks about ‘women’s rights’ take place if it concerns a non-Hindu religion when Hinduism itself stands at the epitome of violence against women.