Forcible intercourse in marriage not a rape says Gujarat High Court

Today Gujarat High Court in a very important matter examining questions around whether a wife can initiate prosecution against her husband for unnatural sex under IPC section 377 condemned marital rape. Court called marital rape as a ‘disgraceful offence’. Justice JB Pardiwala, heard the case said that his censure for marital rape, at a time when the government is refusing to acknowledge the offence and criminalise it.

The petition was filed by a lady doctor in Ahmedabad after failing to persuade on crucial aspects of physical relationship with her husband and wasting of couple of months of time.

The judge further added that Marital rape is in existence in India.

He said a succinct definition of marital rape  forcible 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 nonconsensual act of violent perversion by a husband against the wife where she is abused physically and sexually.

The extant text of the Indian Penal Code, especially the section 375, does not regard non-consensual, coerced sexual intercourse in the ambit of marriage as rape.