High Court acquits man convicted of unnatural sex and culpable homicide, citing marital immunity in India
The Chhattisgarh High Court has ruled that unnatural sex between a man and his adult wife does not warrant punishment, reinforcing legal immunity for husbands in marital sexual relations.
The case involved a man whose wife died in a hospital due to peritonitis and rectal perforation after alleged unnatural sex. A doctor testified that these injuries were linked to the sexual act. The husband was initially convicted by a trial court for unnatural sex and culpable homicide not amounting to murder. However, the High Court overturned the conviction.
In its judgment, the court stated that under Indian law, any sexual act by a husband with his wife—if she is over 15 years old—cannot be considered rape. "As such, the absence of the wife's consent for an unnatural act loses significance," the court noted.
Marital rape is not recognized as a crime in India, and this ruling extends legal protection to unnatural sex within marriage. The decision has sparked debate, with critics arguing that it denies justice to victims of marital sexual violence.
Legal experts and activists have raised concerns over the implications of this verdict, calling for urgent reforms in India’s marital rape laws. The case has reignited discussions on the need for stronger legal protections for married women.
