In a controversial ruling, the Madhya Pradesh High Court has declared that a man engaging in unnatural sex with his wife does not constitute rape under Indian law, citing the absence of recognition for marital rape and the immateriality of the wife’s consent in such cases.
The judgment, issued on Wednesday, May 1, came as the court dismissed an FIR filed by a woman against her husband, accusing him of engaging in unnatural sexual acts without her consent on multiple occasions.
Justice Gurpal Singh Ahluwalia, the single-judge presiding over the case, asserted that the absence of consent for unnatural acts loses significance under the amended definition of ‘rape’ in Section 375 of the Indian Penal Code (IPC). He further emphasized that marital rape remains unrecognized in Indian law, rendering the wife’s consent immaterial in such matters.
Addressing the specific context of anal sex within marriage, Justice Ahluwalia clarified that such acts, even if non-consensual, do not constitute rape as long as the wife is above the age of fifteen. He underscored the legal framework’s exemption of husbands from prosecution under Section 377 of the IPC for engaging in sexual acts with their wives.
However, the court acknowledged a notable exception outlined in Section 376B of the IPC, wherein sexual acts with a wife can be classified as rape if committed during periods of judicial separation or similar circumstances.
The case, dating back to 2019, originated from an FIR filed by the wife against her husband, alleging repeated instances of unnatural sexual conduct following their marriage. The husband contested the allegations, arguing that such acts did not violate Section 377 of the IPC.
The ruling has reignited debates surrounding the recognition of marital rape and raised concerns about the legal protections afforded to spouses within the institution of marriage. Critics argue that the court’s decision perpetuates a systemic failure to address sexual violence within marital relationships.
As the controversy unfolds, advocates and activists continue to push for legal reforms to address gaps in the legal framework and provide greater protections for victims of marital abuse.
