The Allahabad Court while acquitting a husband under section 377 of IPC for allegedly committing ‘unnatural sex’ with his wife, has observed that “protection of a person” from being charged in “marital rape continues in cases where the wife is of 18 years of age or more,” news agency PTI reported on Sunday.
The bench consisted of Justice Ram Manohar Narayan Mishra said that marital rape has yet not been considered as a criminal offence in India. However, there are same petitions which are pending for the consideration of Supreme Court for criminalising marital rape. Currently there is no criminal penalty given to husbands for marital rape when the wife is of 18 years or above 18 years of age. The bench also brought forward the case of Independent Thought Vs Union of India (2017) where the Supreme Court had held that a sexual intercourse between a man and his wife aged between 15 to 18 years would be amounting to rape.
While acquitting the husband under section 377 of IPC for allegedly committing ‘unnatural sex’ with his wife, Justice Ram Manohar Narayan Mishra also noted that “ingredients of unnatural sex, comprised under Section 377 IPC are included in Section 375 (a) IPC as observed by the High Court of Madhya Pradesh”. The Madhya Pradesh High Court, in its order had also said that Section 375 IPC related to rape (as amended by the 2013 Amendment Act) includes all possible parts of penetration of the penis. When consent for such an act is considered to be immaterial, then there can be no scope for an offence of Section 377 IPC to get attracted where husband and wife are involved in sexual acts.
“Thus, on perusal of aforesaid judgement also it appears that protection of a person from marital rape still continues in the case where the wife is of 18 years of age or more than that,” PTI quoted the ruling of high court.
