The issue of marital rape and whether to criminalize it has yet again garnered focus as the Gujarat High Court is said to have underlined the importance to criminalize it.
It need be mentioned that Gujarat High Court on Monday ruled that marital rape is not a criminal offence under Section 375 of the Indian Penal Code.
The court said that as of now a man can’t be prosecuted to have raped his wife.
Justice Pardiwala, however, said that a wife can initiate proceedings against her husband for unnatural sex under Section 377 of the IPC.
The court said that subjecting his married partner to have oral or unnatural sex was akin to cruelty.
The High Court however, noted that though a husband had the right to have sex with his legally wedded wife, she was not his property and it should not be without her consent.>