Unnatural Sex Between Husband and Wife Not Punishable: Chhattisgarh High Court

In a recent ruling that has sparked widespread debate across the country, the Chhattisgarh High Court held that unnatural sex between a man and his adult wife does not merit punishment under existing Indian laws. The case in question involved a husband whose wife died in the hospital following unnatural intercourse that reportedly led to peritonitis and rectal perforation, according to the medical report.

The case arose after the deceased woman was admitted to a hospital with severe abdominal pain and internal injuries. The post-mortem revealed that she suffered from rectal perforation and peritonitis, conditions that the doctors linked to the unnatural intercourse with her husband. Despite the tragic outcome, the court ruled in favor of the husband, citing the existing legal provisions that provide immunity to husbands under certain circumstances.

The High Court based its decision on the Indian Penal Code (IPC), particularly:

Section 375 IPC: Defines rape but includes an exemption clause that does not criminalize marital rape if the wife is above 18 years of age.

Section 377 IPC: Although partially struck down by the Supreme Court of India in 2018 to decriminalize consensual same-sex relationships, this section still criminalizes certain non-consensual sexual acts. However, the High Court ruled that this provision does not apply to a married couple due to the marital exemption in Section 375.

The judgment has drawn criticism from women’s rights activists, legal experts, and health professionals. Critics argue that the ruling ignores the issue of consent within marriage and fails to acknowledge the wife’s bodily autonomy.

“This judgment reinforces the archaic notion that marriage is a license for non-consensual sex, which is unacceptable in a modern society that values human rights,” said Anita Sharma, a senior advocate and gender rights activist.

On the other hand, some legal experts point out that the court was constrained by the current legal framework, emphasizing the need for legislative reform rather than judicial intervention.

India remains one of the few countries where marital rape is not recognized as a criminal offense. Various petitions challenging this exemption are currently pending before the Supreme Court, which is expected to address the constitutional validity of the marital rape exception in the near future.

In 2022, the Delhi High Court delivered a split verdict on the matter, underscoring the deep societal and legal divides surrounding marital rights and consent. This latest judgment from the Chhattisgarh High Court adds another layer to the ongoing debate.

Medical professionals have expressed concern over the physical and psychological toll such acts can take on women. Dr. Ramesh Verma, a gastroenterologist, stated, “Peritonitis and rectal perforation are life-threatening conditions that often result from severe trauma. It is imperative that the law recognizes the seriousness of such injuries, irrespective of marital status.”

Legal Reform: There is growing pressure on the Indian Parliament to amend the IPC to recognize marital rape as a punishable offense.

Judicial Intervention: The pending Supreme Court verdict on marital rape could set a landmark precedent affecting future cases.

Public Awareness: Activists continue to call for increased awareness about consent within marriages and the importance of legal protection for women.

The Chhattisgarh High Court’s ruling has reignited discussions about gender rights, consent, and the limits of marital immunity under Indian law. While the court acted within the current legislative framework, the case underscores the urgent need for legal reforms to ensure that the rights and safety of married women are not compromised.