High Court is set to examine the question whether a wife can initiate prosecution against her husband for unnatural sex punishable under Section 377 of the Indian Penal Code
Terming marital rape as a ‘disgraceful offence’, the Gujarat High Court is set to examine the question whether a wife can initiate prosecution against her husband for unnatural sex punishable under Section 377 of the Indian Penal Code.
“Marital rape is in existence in India, a disgraceful offence that has scarred the trust and confidence in the institution of marriage. A large population of women has faced the brunt of the non-criminalization of the practice”
“Marital rape refers to “unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent.” It is a non-consensual act of violent perversion by a husband against the wife where she is abused physically and sexually”
In an interim order issued in a plea by a man seeking quashing of complaint, issuing notice to the complainant wife, Justice JB Pardiwala listed the questions the court proposes to consider. The questions, apart from the one mentioned above, are:
The court observed that following three kinds of marital rape were prevalent in the society:
Recently, the Supreme Court had held that sexual intercourse with minor (below 18 years) wife is rape. The Delhi High Court is currently hearing pleas challenging marital rape and senior counsel Raju Ramachandran was appointed as amicus curiae.