In a significant ruling, the Allahabad High Court has held that non-consensual unnatural sexual acts by a husband with his wife are punishable under Section 377 of the Indian Penal Code (IPC), even if the wife is above 18 years of age. The Court clarified that although such acts may not constitute rape under Section 375 IPC, they still amount to unnatural offences under Section 377.
The decision came in the case of Imran Khan @ Ashok Ratna v. State of UP and Another, where Justice Arun Kumar Singh Deshwal observed that “sex other than penile-vaginal intercourse is not a natural orientation of sex for the majority of women,” and such acts require the wife’s free and informed consent, even within a marriage.
Rejecting the argument that the spousal relationship exempts the act from prosecution under Section 377, the Court asserted:
“A wife may be above 18 years but as an individual she has a right to her sexual orientation. Her status as a wife does not strip her of the fundamental right to refuse consent to unnatural sex.”
This ruling diverges from a previous judgment of the Madhya Pradesh High Court, which had held that a man could not be prosecuted under Section 377 for engaging in unnatural sex with his adult wife.
The case arose from criminal proceedings initiated against the petitioner under Sections 498A, 323, 504, 506, and 377 IPC, along with provisions of the Dowry Prohibition Act, in Prayagraj. The accused had contended that Section 377 IPC could not apply in a marital relationship, a submission the Court firmly rejected.
The High Court emphasized that a woman retains her bodily autonomy and sexual dignity within marriage and upheld the continuation of proceedings against the petitioner.
Advocates Sharique Ahmed, Manish Kumar Tripathi, and AGA Ramesh Kumar represented the petitioner, complainant, and State, respectively.
