New Delhi, Feb 12 (PTI) Days after the Chhattisgarh High Court held that unnatural sex by a man with his adult wife cannot be treated as an offence, former NCW chairperson Rekha Sharma on Wednesday said the Supreme Court must pull up the high court for its "absurd and totally unacceptable" observation.
She also called on judges of lower courts and high courts to get gender sensitised.
"Absurd and totally unacceptable. The Supreme Court must pull up the High Court on this Judgement," Sharma, who is also a Rajya Sabha MP, said in a post on X.
On Monday, the Chhattisgarh High Court observed that sexual intercourse, including unnatural act, by a man with his adult wife, even without her consent, cannot be treated as an offence.
Justice Narendra Kumar Vyas had made the observations while acquitting a man, who was arrested in 2017 and convicted by a trial court in Bastar district of charges under IPC sections 376 (rape), 377 (unnatural sex) and 304 (culpable homicide not amounting to murder) after the death of his wife.
Meanwhile, Karuna Nundy, a prominent human rights lawyer, pointed out that the high court judge's hands were tied by the existing law.
"Judge's hands were tied by law. The Marital Rape Exception in the new BNS allows husbands to insert objects & body parts in wife's orifices without her consent, & it's not rape. Law could have been changed in new BNS...it was't. Our civil appeal to remove this MRE is in SC," she said in a post on X. PTI UZM
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