The Allahabad High Court ruled that a husband forcing unnatural sex on his wife without her consent is punishable under Section 377 IPC. The Court upheld a wife’s right to dignity and sexual autonomy, even in marriage.
In a major legal development, the Allahabad High Court has ruled that if a husband forces his wife to have unnatural sex without her consent, he can be punished under Section 377 of the Indian Penal Code (IPC), even if the wife is above 18 years old.
Justice Arun Kumar Singh Deshwal, who delivered the judgment, said that a wife is an individual with her own identity and sexual choices, and marriage does not take away her right to refuse any kind of sexual act that she is not comfortable with.
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The court made it clear that even if such an act does not fall under the definition of rape as per Section 375 IPC, it can still be punished under Section 377 IPC, which deals with unnatural sexual offences.
the judge stated,
“Given the above analysis, it is clear that carnal sex, other than penile-vaginal intercourse is not a natural orientation of sex for the majority of women, therefore the same cannot be done by the husband, even with his wife without her consent. Therefore, this court holds that unnatural sexual intercourse by a man with his own wife without her consent, even if she is above 18 years, would be punishable u/s 377 IPC though that may not be rape as per Section 375 IPC,”
This decision of the Allahabad High Court disagrees with a previous judgment of the Madhya Pradesh High Court.
The Madhya Pradesh court had said that if a man has unnatural sex with his wife who is above 18 years, it cannot be treated as rape under Section 375 and so cannot be punished under Section 377 either.
However, Justice Deshwal clearly differed and explained that a wife, even though she is married, has full rights over her body and personal choices.
the Court reasoned,
“A wife may be above 18 years but as an individual identity she has a choice for sexual orientation that has to be protected, and merely because she is a wife of a man, her fundamental right not to give consent against the unnatural sex cannot be taken away. A woman despite being a wife also has individual right to particular sexual orientation and dignity,”
The High Court gave this ruling while hearing a case filed by a man named Imran Khan alias Ashok Ratna.
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He had challenged the charges filed against him under several sections of the IPC—498A (cruelty to wife), 323 (causing hurt), 504 (intentional insult), 506 (criminal intimidation), and 377 (unnatural offences)—as well as sections of the Dowry Prohibition Act, in Prayagraj district.
Imran Khan argued that he could not be charged under Section 377 IPC because he and the complainant were married. But the High Court strongly rejected his claim.
the judge observed,
“In view of the above discussion, the submission of learned counsel for the applicant that no offence u/s 377 IPC is made out against the applicant is misconceived because the unnatural intercourse committed by the applicant upon the opposite party no.2 was against her will,”
Reaffirming the rights of a married woman, the Court added,
“A woman despite being a wife also has individual right to particular sexual orientation and dignity.”
In this case, Advocate Sharique Ahmed appeared for the petitioner, Imran Khan alias Ashok Ratna. Advocate Manish Kumar Tripathi represented the complainant, who is the wife.
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The State of Uttar Pradesh was represented by Additional Government Advocate (AGA) Ramesh Kumar.
This judgment is being seen as an important step in recognizing the individual rights and dignity of women, even within a marriage. It reinforces that consent is necessary in all sexual acts, and marital status cannot be used as an excuse to violate a woman’s body or choices.
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