Does marital rape law shield men from unnatural sex prosecution?

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. She said while Section 375(2) of IPC carved out an exception for marital rape, the Criminal Laws Amendment Act, 2013, enacted on the Justice Verma Commission’s recommendations after the Nirbhaya case, had widened the exception to cover all kinds of sexual acts by husbands.The bench said it would begin final hearing on all petitions from Sept 9. The question before the court is whether it can create a new offence by striking down the exception under Section 375(2) of IPC and Section 63 of BNS.The IPC exempts a husband from rape charges for sex with his wife if she is 15 or older. In 2017, SC raised the age to 18, which the BNS now explicitly adopts. The Centre has opposed criminalising marital rape, arguing marriage is a unique relationship not centred on sex. It said Parliament consciously created the exception and treating marital sex as rape would be disproportionate, while acknowledging a husband has no right to violate his wife’s consent.Get the latest India news and live updates. Download the TOI App.