Gujarat HC shocking decision- Marital rape is not a rape

Gandhinagar, April 2: The Gujarat High Court on Monday observed that non-consensual intercourse by a husband cannot be dubbed as rape. However, it also stated that subjecting his married partner to have oral or unnatural sex was akin to cruelty.

The court made these observations in a case pertaining to a lady doctor's complaint of rape and physical harassment against her husband, who too happens to be a medical professional. The complainant said that her husband forced her to have sexual intercourse with him against her wishes and that he would also subject her to have oral sex and indulge in unnatural sexual activities, other than torturing her for dowry.

Seeking rejection of her wife's complaint against him, the husband moved the Gujarat High Court.

Stating that physical relationship with his wife against her consent could not be termed as rape, Justice J.B. Pardiwala observed: "The husband cannot be prosecuted for the offence of rape punishable under Section 376 of the IPC at the instance of his wife as the marital rape is not covered under Section 375 of IPC... which provides that sexual intercourse or sexual acts by a man with his own wife, the wife not being under 18 years of age, is not rape."