In a democracy, even a flawed one like India’s, the courts are rightly seen as the measure of last resort for seeking justice, especially in a case of violence against the marginalised or sexual violence against women. Then come along judgements that cause disbelief. The Sealdah sessions court judgement in January sentencing the prime accused in the horrific rape-murder of a trainee doctor last year in RG Kar Hospital to life imprisonment, not handing down the death penalty, was shocking. This week, the Chhattisgarh High Court held that a husband cannot be prosecuted for the offence of rape under Section 376 or unnatural sex under Section 377 of the Indian Penal Code........

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