Sex between married couple is not marital rape even if by force, granted the wife is above 15 years of age: Chhattisgarh HC
The high court, however, upheld charges framed against the man under Section 377 (unnatural sex) of the Indian Penal Code (IPC).
In a shocking decision, the Chhattisgarh High Court on Thursday dismissed a case by a wife against her husband reporting rape. During the plea hearing, the High Court said that even forced sexual act with wife does not account for rape.
Under the rape law, no provision criminalizes marital rape. The court said that Indian law does not recognize marital rape if the wife is above 15 years of age.
According to a report in LiveLaw, the woman has levelled allegations of harassment for dowry and domestic abuse against her husband and her in-laws. She has also made specific allegations of her husband engaging in unnatural physical relations with her despite her protests.
“In this case, the complainant is legally wedded wife of applicant No 1, therefore, sexual intercourse or any sexual act with her by the applicant No 1/husband would not constitute an offence of rape even if it was by force or against her wish,” the high court said in its order.
The wife’s complaint alleges that she was subjected to cruelty, abuse, dowry, and violence. She also alleged that her husband had unnatural physical relations with her and sexually abused her. She added that despite her protests, he inserted his fingers and radish in her vagina.
Although the man has been discharged of the offence of marital rape, the high court has upheld charges framed against him under Section 377 (unnatural sex) of the Indian Penal Code (IPC).
