Does marital rape law shield men from unnatural sex prosecution?
The Indian Supreme Court is set to hear arguments on whether husbands can be prosecuted for physical or mental harm caused during sexual acts, even if marital rape remains exempt from criminal law. The court is examining the intersection of existing penal codes and the constitutional rights of wives.
Why it matters
This case addresses the legal definition of consent within marriage and the potential for judicial intervention in long-standing penal exemptions.
NEW DELHI: In the pending pleas challenging the constitutional validity of penal law provisions shielding husbands from marital rape charges, the Supreme Court on Thursday agreed to examine another question — despite the exemption, can husbands still be prosecuted for causing physical hurt and mental trauma to their wives through violent, unnatural or other sexual acts?Appearing for NGO Red Dot Foundation, senior advocate N S Nappinai told a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana that while the validity of IPC and BNS provisions exempting marital rape from the offence of rape was under challenge, a husband who hurts his wife through sexual acts could still be prosecuted under other provisions of penal law.
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