Non-Consensual Unnatural Sex By Husband Not A Crime, Rules Chhattisgarh HC; Here’s What It Means

In India, marital rape is not considered a criminal offence. With this ruling, the High Court has also excluded unnatural sex within marriage from being punishable under the law.

Non-Consensual Unnatural Sex By Husband Not A Crime: Chhattisgarh High Court

On Monday, the Chhattisgarh High Court ruled that a husband cannot be charged with rape or unnatural sex for engaging in sexual relations with his adult wife, regardless of consent. Justice Narendra Kumar Vyas, in a single-bench judgement, stated that a wife's consent in such cases holds no legal significance, as reported by Live Law.

The court noted that if the wife is over 15 years old, any form of sexual intercourse or act by the husband cannot be classified as rape under any circumstances. Consequently, the lack of consent in cases of unnatural intercourse also becomes irrelevant. Based on this reasoning, charges under Sections 376 (rape) and 377 (unnatural offences) of the IPC against the accused were dismissed.

The judgement further emphasised that due to amendments in the law and conflicts between certain legal provisions, an offence under Section 375 (rape) of the IPC cannot be established in cases involving spouses.

“Thus, it is quite vivid, that if the age of the wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, this Court is of the considered opinion that the offence under Section 376 and 377 of the IPC against the appellant is not made out," the bench said, according to Live Law.

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Meanwhile, the Supreme Court had been hearing multiple petitions calling for the criminalisation of marital rape. However, the proceedings were put on hold as then-Chief Justice of India DY Chandrachud was set to retire.

The central government has argued that preserving the institution of marriage is crucial and, therefore, there is no need to criminalise marital rape. It maintains that the decision on this matter lies with the legislature, not the courts.

During the hearing, the government further stated that Parliament has already introduced multiple legal provisions to safeguard a married woman's consent within the marriage.

Details About The Case

It is alleged that, a man forced his wife into unnatural sex against her will. As a result of the assault, she was admitted to the hospital for medical treatment. Unfortunately, she later succumbed to her injuries. In her dying declaration, the woman stated that her husband had subjected her to forced sexual intercourse. Medical reports later confirmed that she died due to peritonitis and rectal perforation.

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The Chhattisgarh High Court’s decision that a husband cannot be punished for unnatural sex with his wife, whether she agrees or not, is deeply troubling. It not only dismisses the reality of marital sexual violence but also takes away a woman’s basic right to control her own body.

In this case, the woman suffered brutal, forced intercourse, which caused serious internal injuries and eventually led to her death. However, according to the court’s interpretation, her pain and even her last words are disregarded, solely because she was married to the man who inflicted this harm upon her.

This ruling exposes the outdated thinking prevalent in the Indian law, where marriage is seen as granting a husband unchecked power over his wife, even at the cost of her safety and dignity.

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