Jabalpur: In a recent ruling, the Madhya Pradesh High Court dismissed a case filed by a wife against her husband over allegations of unnatural sex. The court emphasized that in India, marital rape has not been legally recognized. According to the court, as long as a valid marriage exists and the wife is not below the age of fifteen, any sexual activity between a husband and wife, regardless of the wife's consent, does not constitute rape.
Marital rape not recognized, clarifies High Court
Justice GS Ahluwalia highlighted Exception 2 of Section 375 of the Indian Penal Code (IPC), stating that marital rape is not considered a criminal offense. The court noted that even with the recent amendment to the definition of rape, which now includes specific acts like insertion of penis in certain body parts, such acts committed within marriage do not amount to rape.
The court deliberated on whether sexual activity between spouses can be termed as marital rape, especially when they are living together. It emphasized that in such cases, the wife's consent does not affect the legality of the act.
Hearing plea to dismiss the case
The High Court was examining a petition filed by the husband to dismiss the case lodged by his wife, accusing him of unnatural sex.
Arguments presented
The husband's legal representative argued that unnatural sex between spouses is not punishable under Section 377 of the IPC. It was also highlighted that the wife did not initially raise these allegations, suggesting they were added later to strengthen the case.
Opposing the husband's plea, the wife's counsel contended that unnatural sex within marriage is indeed a criminal offense under Section 377, and the charge sheet filed by the police is valid.
Importance of consent
The High Court stressed the significance of consent in determining whether an act falls under Section 377. However, it reiterated that under the current legal framework, as per the amended definition of rape, sexual acts between spouses are exempt from prosecution, provided the wife is above fifteen years of age.
Marital rape remains unrecognized
The court concluded that under prevailing laws, allegations of marital rape cannot be substantiated. Consequently, it quashed the FIR against the husband, asserting that the accusations did not constitute an offense under Section 377 of the IPC.
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