The Chhattisgarh High Court recently ruled that unnatural sex between a man and his adult wife is not a punishable offence.The case involved a man whose wife died in a hospital after suffering from peritonitis and rectal injuries, reportedly caused by unnatural sex.

In India, marital rape is not considered a crime. With this judgment, unnatural sex within marriage is also not punishable.The man was initially convicted by a trial court for unnatural sex and culpable homicide (killing without intent to murder). However, the High Court overturned the conviction.

The court stated that if a wife is over 15 years old, any sexual act by the husband cannot be considered rape, and her lack of consent in unnatural sex does not matter legally. The Chhattisgarh High Court ruled that charges under Sections 376 (rape) and 377 (unnatural sex) of the IPC do not apply in this case.

The judgment stated that, due to legal amendments, a husband cannot be charged with rape under Section 375 IPC, as it conflicts with other legal provisions.

Meanwhile, the Supreme Court was set to hear petitions demanding the criminalization of marital rape, but the proceedings were paused when then-Chief Justice DY Chandrachud was about to retire. A new bench is expected to take up the matter.

The central government opposes criminalizing marital rape, arguing that protecting the institution of marriage is crucial. It also maintains that Parliament has already introduced measures to safeguard a married woman's consent within marriage, making it unnecessary for the courts to intervene.