In a recent ruling, the Chhattisgarh High Court held that unnatural sex between a man and his adult wife does not warrant punishment. The case involved a man whose wife died in a hospital due to peritonitis and rectal perforation, allegedly caused by unnatural sex.
Initially, the accused was convicted by a trial court under charges of unnatural sex and culpable homicide not amounting to murder. However, the High Court provided relief, stating that under Indian law, “any sexual intercourse” between a husband and wife, if the wife is above 15 years old, does not constitute rape. The judgment emphasized that the absence of the wife's consent in such acts holds no legal significance.
The court further ruled that sections 376 (rape) and 377 (unnatural offences) of the Indian Penal Code (IPC) could not be applied in this case due to legal provisions exempting husbands from rape charges within marriage.
India's laws do not criminalize marital rape, and this ruling extends that immunity to unnatural sex within marriage. The Supreme Court was set to hear petitions seeking the criminalization of marital rape, but proceedings were halted due to the retirement of then-Chief Justice DY Chandrachud. A new bench is expected to take up the matter.
The central government has opposed the criminalization of marital rape, arguing that it could undermine the institution of marriage. The government has also maintained that Parliament has already introduced measures to protect a woman's consent within marriage, making further legal intervention unnecessary.
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