...bench presided over by Justice Gurpal Singh Ahluwalia held that non-consensual anal sex between a husband and wife does not amount to rape
Digital Desk: The Madhya Pradesh High Court has ruled that an unnatural sexual relationship between a man and his spouse does not qualify as rape because Indian law does not recognize marital rape, and the woman's consent is not relevant in certain situations.
The ruling was rendered on Wednesday, May 1, following the court's dismissal of a formal complaint brought by the man's spouse, who had accused him of engaging in frequent and inappropriate sexual relations.
As long as the wife was not younger than fifteen, the single-judge bench presided over by Justice Gurpal Singh Ahluwalia held that non-consensual anal sex between a husband and wife does not amount to rape.
"Because 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 his wife, not below the age of fifteen years, is not a rape, under these circumstances, the absence of consent of the wife for an unnatural act loses its importance. Marital rape has not been recognised so far," the High Court said as quoted by Business Today.
The High Court did, however, clarify that Section 376B of the IPC—which stipulates that a sexual act with a wife is deemed rape if it is performed when they are living apart due to judicial separation or for any other reason—is the only exception in this particular case.
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