The Madhya Pradesh High Court ruled that engaging in unnatural sex with one’s spouse does not constitute rape under Indian law, as marital rape is not recognized.
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BHOPAL: Recently, At the Madhya Pradesh High Court, it has been stated that a man engaging in unnatural sex with his wife does not amount to rape due to the absence of recognition of marital rape in Indian law. The court made this decision while quashing an FIR lodged against a man by his wife, who accused him of engaging in unnatural sex with her on multiple occasions. The order, Issued on May 1st, the decision has ignited discussions on marital rape and the significance of consent within matrimonial relationships.
Justice Gurpal Singh Ahluwalia, delivering the verdict, highlighted a crucial aspect of the legal discourse. He emphasized that while the definition of ‘rape’ under Section 375 of the IPC now encompasses acts such as inserting a penis into the anus of a woman, marital rape remains unrecognized in Indian law. Quoting the amended definition, Justice Ahluwalia elucidated that any sexual intercourse or act by a husband with his wife, provided she is not below the age of fifteen, does not constitute rape. Consequently, in such cases, the consent of the wife becomes immaterial.
The High Court remarked-
“With the revised definition of ‘rape’ under Section 375 of the Indian Penal Code, which now explicitly includes the penetration of a woman’s anus, and the exemption of sexual acts by a husband with his wife above the age of fifteen from constituting rape, the significance of the wife’s consent for unnatural acts diminishes. It’s notable that marital rape continues to lack legal recognition.”
However, the court clarified that any sexual intercourse or sexual act by a husband with his wife, provided she is not below the age of fifteen, is not considered rape. Therefore, the absence of the wife’s consent for an unnatural act becomes immaterial in such cases. It is noteworthy that marital rape has not been officially recognized in Indian law thus far.
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Furthermore, Justice GS Ahluwalia elucidated that since unnatural sex by a husband with his “wife legally married and residing with him” does not constitute an offense under Section 377 of the IPC, additional considerations regarding the FIR’s validity are unnecessary.
Section 377 of the Indian Penal Code–
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
However, the High Court also acknowledged an exception to this ruling. Under Section 376B of the IPC, if a sexual act is committed with a wife during the time when the couple is living separately due to judicial separation or otherwise, it would be considered rape. This exception highlights the importance of consent and the recognition that even within a marital relationship, sexual acts without consent are unacceptable.
BACKGROUND:
In 2019 when a wife filed an FIR against her husband, alleging that he engaged in unnatural sexual acts with her on multiple occasions after their marriage. The husband, in response, approached the Madhya Pradesh High Court to challenge the FIR and requested its quashing. He argued that any instance of unnatural sex between him and his wife should not be considered an offense under Section 377 of the IPC.
The ruling by the Madhya Pradesh High Court emphasizes the complexities surrounding the issue of marital rape. It brings into focus the absence of legislative recognition and protection for spouses in cases of non-consensual sexual acts within marriage. Critics have raised concerns regarding the implications of such a verdict on the rights and safety of married individuals, particularly women.
