Supreme Court Says Rape and Marital Rape Are Different Crimes

In a major ruling, the Supreme Court (SC) has made a clear distinction between rape and marital rape, setting a new precedent in the legal landscape. The SC reduced the sentence of a man convicted of marital rape from eight years to just two months, emphasizing the unique nature of marital relationships.

Although the ruling came after the man had already spent five years in jail, this is expected to set a new precedent on cases related to marital rape in the days ahead.

A full text of the verdict issued by a division bench of justices Prakash Man Singh Raut and Kumar Regmi on September 30, 2021 was released recently, clarifying that marital rape and rape are different crimes. The law defines rape as sexual intercourse without consent, regardless of the marital status of the woman or girl.

This case dates back to an incident in Panchthar about 14 years ago. Chetan Lawati and Selina Limbu (not their real names) married on April 4, 2010, when both were 16 years old. At that time, the law defined minors as those under the age of 16. However, around six years ago, the legal definition of a minor changed to anyone under 18 years of age. A few days after the wedding, Limbu’s father filed a rape complaint against Lawati, due to the bitter relationship between the Limbu’s maternal family and her in-laws.

The court noted that after a marital relationship is established, it is not fair to treat marital rape the same way as non-marital rape.

The SC ruling explained that the physical relationships between married couples based on mutual consent is not a criminal offense but is seen as part of social values, a basic aspect of social development and a basic human need. The apex court noted that it would be unfair to compare marital rape with a grave crime like rape as the husband and wife both have consented to live together after marriage. The National Penal Code, 2017, Section 219(2) defines rape, “Where any person has sexual intercourse with a woman without her consent or with a girl child below 18 years of age even with her consent, the person shall be considered to commit rape on such woman or girl child.” In case of marital rape, there is a legal provision for the convict to serve three to six months in jail.