The Madhya Pradesh High Court has stirred controversy by ruling that engaging in unnatural sexual activities with one’s wife does not constitute rape, citing the absence of recognition for marital rape in Indian law. The court’s decision, issued on Wednesday (May 1), came as it dismissed an FIR filed against a man by his wife, who accused him of repeatedly subjecting her to unnatural sex.
Justice Gurpal Singh Ahluwalia, presiding as a single-judge, delivered the verdict, emphasizing that a husband’s involvement in anal intercourse with his wife does not qualify as rape, even in cases of non-consent, provided the wife is above the age of 15. The judge highlighted that the recent amendment to Section 375 of the Indian Penal Code (IPC), which includes penetration of a woman’s anus as rape, does not apply within the context of marital relations with a wife above the age of fifteen. Consequently, the court deemed the wife’s consent irrelevant in such scenarios, asserting that marital rape remains unrecognized under current legal frameworks.
Justice GS Ahluwalia elaborated on the court’s rationale, pointing out that since unnatural sexual acts committed by a husband against his “legally wedded wife residing with him” do not violate Section 377 of the IPC, further scrutiny regarding the validity of the FIR was deemed unnecessary.
However, the High Court acknowledged an exception under Section 376B of the IPC, where sexual activity with a wife could be considered rape if conducted during periods of separation, whether by judicial decree or otherwise.
The case under review dates back to 2019, initiated by a wife who lodged an FIR against her husband, alleging repeated instances of unnatural sexual conduct following their marriage. According to her complaint, upon returning to their matrimonial home for the second time, her husband subjected her to such acts on multiple occasions.
In response, the husband petitioned the Madhya Pradesh High Court, challenging the validity of the FIR and seeking its dismissal. He argued that any purported instances of unnatural sex between him and his wife did not constitute an offense under Section 377 of the IPC, given their marital status.
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