Unnatural sex with wife is not marital rape, her consent irrelevant: Madhya Pradesh HC

In its latest ruling the Madhya Pradesh High court has said that a man engaging in unnatural intercourse with his wife does not constitute rape since marital rape is not recognised under the Indian law, and her agreement is irrelevant in such circumstances.

The judgement, given on Wednesday (May 1), came after the court dismissed a FIR filed against a man by his wife, accusing him of having unnatural sex with her on many occasions.

According to the single-judge bench led by Justice Gurpal Singh Ahluwalia, if a husband engages in non-consensual anal intercourse with his wife, it does not constitute rape as long as the wife was not below age of 15.

"In view of the amended definition of 'rape' under Section 375 of IPC by which the insertion of penis in the anus of a woman has also been included in the definition of 'rape' and any sexual intercourse or sexual act by the husband with her wife not below the age of fifteen years is not a rape, then under these circumstances, absence of consent of wife for unnatural act loses its importance. Marital rape has not been recognised so far," the High Court said.

Justice GS Ahluwalia further said that since unnatural sex by a husband with his "legally wedded wife residing with him" is not an offence under Section 377 of the IPC, "no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not".

The High Court did, however, state that the lone exemption in the case is Section 376B of the IPC, which states that a sexual act with a wife is considered rape if it is conducted when they are living separately owing to judicial separation or otherwise.

The case dates back to 2019, when a woman filed a FIR against her husband, stating that after their marriage, when she returned to her matrimonial house for the second time, he performed unnatural sexual practices with her on several times.

The husband then filed a petition with the Madhya Pradesh High Court to challenge and dismiss the FIR. He contested that any occurrence of unnatural sex between him and his wife would not constitute a crime.

(with inputs from PTI)