High Court Excludes ‘Unnatural Sex’ From Punishment in Marriage: Sparks Legal Debate

High Court Excludes 'Unnatural Sex' From Punishment in Marriage: Sparks Legal Debate

New Delhi: In a controversial judgment, the Chhattisgarh High Court has ruled that “unnatural sex” between a man and his adult wife is not punishable under the law. The case involved a man accused of engaging in unnatural sex with his wife, who later succumbed to peritonitis and rectal perforation in the hospital.

While marital rape is not criminalised in India, this ruling has now further excluded unnatural sex within marriage from legal punishment. The man, initially convicted of unnatural sex and culpable homicide not amounting to murder by a trial court, was granted relief by the High Court.

The judgment stated that if a wife is over 15 years old, “any sexual intercourse” by the husband cannot be classified as rape, regardless of consent. “As such, the absence of a wife’s consent for an unnatural act loses significance,” the court declared. Consequently, Sections 376 and 377 of the Indian Penal Code (IPC) were deemed inapplicable in this case.

“The offence between husband and wife cannot be made out under Section 375 IPC as per the repeal made by way of amendment and in view of repugnancy between both the sections,” the court noted in its ruling.

This decision has reignited discussions surrounding the criminalisation of marital rape. The Supreme Court had previously taken up petitions demanding its criminalisation, but the hearing was halted due to the retirement of former Chief Justice of India DY Chandrachud. A new bench is expected to continue the hearing.

The Indian government has consistently maintained that criminalising marital rape could undermine the institution of marriage. During previous hearings, the Centre argued that Parliament had already implemented several measures to safeguard the consent and dignity of married women.

This ruling has drawn mixed reactions, with legal experts and women’s rights activists voicing concerns about the potential implications for victims’ rights and bodily autonomy within marriage. As the Supreme Court prepares to take up the issue again, all eyes are on the evolving legal discourse surrounding marital rights and sexual consent in India.

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