The Madhya Pradesh High Court has ruled that a husband cannot be held liable for rape under current Indian law, as marital rape is not yet recognized in the country. The court also stated that non-consensual acts between a husband and wife cannot automatically be classified as ‘unnatural sex’ under Section 377 of the Indian Penal Code (IPC).
The ruling came in a case where the wife of Madhya Pradesh Legislative Assembly member, Umang Singhar, accused him of rape and engaging in ‘unnatural’ sexual acts. Justice Sanjay Dwivedi dismissed the First Information Report (FIR) filed by the wife, citing that anything beyond normal sexual intercourse in a marital relationship should not be deemed unnatural.
The husband’s lawyer argued that the allegations were baseless, as the acts in question occurred during their marriage. After reviewing the case, the court found no grounds to charge the husband under Sections 376(2)(n) (rape) and 377 (carnal intercourse against the order of nature) of the IPC.
Justice Dwivedi also dismissed accusations related to Sections 294 (obscene acts or songs) and 506 (criminal intimidation), calling the prosecution malicious. Additionally, there was no evidence of dowry demands to support a charge under Section 498A (cruelty to women).
Referring to the Supreme Court’s ruling in the Navtej Singh Johar case, where consensual sexual relations between same-sex adults were decriminalized, the High Court noted that consensual sexual relationships within marriage should not be limited to procreation. The court emphasized that anything that enhances intimacy and pleasure between spouses cannot be considered unnatural, especially when Section 375 IPC includes all forms of penetration by a husband with his wife.
In conclusion, the High Court quashed the criminal complaint filed by the wife against her husband, reinforcing that under current Indian law, a husband cannot be held liable for rape or accused of unnatural sex in a marriage.
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