New Delhi, May 21, 2025 — In a significant legal development, the Delhi High Court has quashed a case filed under Section 377 of the Indian Penal Code (IPC) against a husband, stating that the Indian legal system does not recognise the concept of marital rape. The decision has reignited debates on marital rights, sexual autonomy, and the urgent need for legal reforms in the country.
Background of the Case
The case was initiated after a wife accused her husband of engaging in non-consensual sexual acts, invoking Section 377 IPC, which criminalises "unnatural offences." The woman alleged repeated forced sexual encounters, including acts she claimed were against the order of nature. The husband, however, filed a plea seeking to quash the FIR, arguing that the law does not apply within the bounds of a legally recognized marriage.
High Court's Observations
The bench, while hearing the matter, observed that under existing Indian law, non-consensual sex between a husband and wife is not considered rape, unless the wife is under 18 years of age. The court further noted that while Section 375 IPC defines rape, it also includes a controversial exception: sexual acts by a husband on his wife, if she is not a minor, do not constitute rape.
Referring to this legal framework, the court ruled that the application of Section 377 — which is traditionally used in cases involving non-consensual anal or oral sex — cannot override the marital rape exemption currently present in Indian law.
Legal and Social Implications
The judgment has drawn sharp criticism from women's rights activists, legal experts, and social organizations. Many argue that this decision reflects the urgent need for criminalising marital rape in India, a demand that has gained momentum over the years but has faced strong resistance due to societal and political sensitivities.
India remains one of the few democratic countries where marital rape is not a criminal offence, despite numerous recommendations from international human rights bodies and domestic law commissions.
Voices from the Legal Community
Senior advocate and women’s rights activist Vrinda Grover commented, "This ruling highlights the deeply entrenched patriarchal norms within our legal system. The exemption of marital rape not only violates women's bodily autonomy but also contradicts the principles of consent and equality."
However, some legal experts assert that the court’s role is to interpret the law as it stands, and changes in the legal structure must come through legislative action by Parliament.
Ongoing Legal Battle on Marital Rape
It is worth noting that a larger constitutional bench of the Delhi High Court had previously delivered a split verdict on the criminalisation of marital rape in 2022, with the matter now pending before the Supreme Court for a conclusive decision. Activists continue to hope that a broader judicial or legislative intervention will soon close this legal gap.
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