Single-judge Justice Gurpal Singh Ahluwalia said that a husband engaging in anal sex with his wife will not amount to rape even if it is non-consensual as long as the wife was not below 15 years of age.
“In view 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 her wife not below the age of fifteen years is not a rape, then under these circumstances, absence of consent of wife for unnatural act loses its importance. Marital rape has not been recognized so far,” the Court said.
Hence, it quashed a first information report (FIR) filed against a husband, noting that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of the Indian Penal Code (IPC).
Consequently, no further deliberations were required regarding whether the FIR was lodged on the basis of frivolous allegations, the Court said.
Source: Barandbench
