The Madhya Pradesh high court has declared significant ruling regarding the status of marital rape under Indian Penal Code (IPC). The court said that unnatural sex with wife is not rape, despite it being non-consensual.
According to the media sources, the declaration came in response to the FIR filed by a women against her husband under IPC sections 377 (unnatural sex) and 506 (criminal intimidation) in July 2022. The couple got married in May 2019, but the wife was staying at her parental home since February 2020.
The FIR had been registered in crime no.377/2022 at police station Kotwali, Jabalpur.
The husband lodged a petition in the court against the FIR filed by his wife against him.
Previously, the women also lodged a case of dowry harassment against her husband and in-laws, which is still pending in court.
The Madhya Pradesh quashed the FIR registered by the women, stating that marital rape is not an offence under the IPC.
Justice G S Ahluwalia, after referring to the legal definition of rape as per section 375 of the IPC, addressed the case and declared that unnatural sex with wife does not constitute rape, irrespective of the consent.
"The only question for consideration is whether a husband during the subsistence of marriage while residing together can be said to be guilty of marital rape… Section 375 exception 2 of IPC provides that sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape,"
Justice Ahluwalia
“This court is of considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not.”
Justice Ahluwalia
The court's order says that rape includes insertion of penis in mouth, urethra or anus of a women. If this act is committed by married couples, and the women is not below 15 years of age, then it is not considered as rape, irrespective of the wife's consent.
"Marital rape has not been recognized so far."
Justice Ahluwalia
After referring to the definition of rape as per IPC section 375, the court said that, under some circumstances, women's consent loses it's importance in unnatural acts.
(Input from various media sources)
(Rehash/Dr. Pragati Priya)
