A man engaging in unnatural sex with his wife doesn't amount to rape because marital rape is not recognised in Indian law and her consent in such cases becomes immaterial, the Madhya Pradesh High Court has ruled.
Single-judge Justice Gurpal Singh Ahluwalia said that a husband engaging in anal sex with his wife won't amount to rape even if it's non-consensual as long the wife was not below 15 years.
"In view of the amended definition of 'rape' under Section 375 of IPC by which the insertion of penis in the anus of a woman has also been included in the definition of 'rape' and any sexual intercourse or sexual act by the husband with her wife not below the age of fifteen years is not a rape, then under these circumstances, absence of consent of wife for unnatural act loses its importance. Marital rape has not been recognised so far," the High Court said.
The High Court, however, noted that the only exception in the case would be Section 376B of the IPC where a sexual act with a wife would be rape if the same is committed during the time when they're living separately due to judicial separation or otherwise.
