Mumbai: It is said that Marital Rape is prominent in a country like India where the crime against women and children is at a record high. Additionally, the Gujarat High Court ruled on Monday, that a woman, above 18 years of age, cannot charge her husband for marital rape even if her husband had sex with her without her consent.
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The court observed that the offence of rape by a husband is not punishable under Section 375 of the IPC (Indian Penal Code). The Section 375 of the IPC is the section levelled against a rape accused under the Indian penal Code. The Justice J B Pardiwala highlighted the shortfalls of the law in empowering a marital rape victim to file a criminal suit against her accused husband. He, however, suggested that the nation’s legislature must bring in legal provisions to enable a married wife protect her body like the other provisions to protect her other rights. The court said that just because of some “unscrupulous” women in the society which can misuse the law, the legislation should not leave several marital rape victims deprived of their rights.
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The court, however, brought about the options available for a marital rape victims in the Indian law. The victim of marital rape can charge her husband under section 377 of IPC for committing unnatural sex, and whereby consent is not a determining criterion. The High Court said that any offence against the order of nature and leading to carnal penetration potentially is an offence under section 377 of IPC.
The court also highlighted that a husband forcing his wife to have sex is punishable under section 354 of IPC for outraging modesty of a woman. The court said, “except the sexual perversions of sodomy, buggery and bestiality, all other sexual perversions would not fall within the sweep of section 377 of the IPC,”. It also ruled out forceful oral sex from the offence of sodomy.
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