Chhattisgarh High Court: Non-Consensual Unnatural Sex with Wife Not a Crime

Chhattisgarh High Court Rules on Unnatural Sex in Marriage

New Delhi:
The Chhattisgarh High Court recently ruled that unnatural sex between a man and his adult wife does not warrant punishment under existing laws. The case involved a man whose wife passed away in a hospital following such an act. Medical reports indicated that she suffered from peritonitis and rectal perforation.

In India, marital rape is not a criminal offense. This ruling further excludes unnatural sex within marriage from legal punishment.

The accused had been convicted by a trial court for unnatural sex and culpable homicide not amounting to murder. However, the High Court overturned the conviction, granting him relief.

In its judgment, the court stated that if the wife is above 15 years of age, any sexual intercourse or act by the husband does not constitute rape, and therefore, the wife's lack of consent to unnatural acts becomes irrelevant. Consequently, charges under Sections 376 and 377 of the Indian Penal Code (IPC) were deemed inapplicable.

The judgment noted that due to amendments in the law, an offense under Section 375 IPC cannot be established between husband and wife.

Meanwhile, the Supreme Court has been considering petitions advocating for the criminalization of marital rape. However, the hearing was postponed due to the retirement of then-Chief Justice of India, D.Y. Chandrachud. A new bench is expected to review the matter.

The central government has maintained that marriage as an institution must be protected and has argued against criminalizing marital rape. Officials have stated that such decisions fall within the purview of the legislature rather than the judiciary. The government also emphasized that existing laws provide measures to safeguard a married woman's consent within the institution of marriage.