Non consensual sex in marriage not rape

The Gujarat High Court observed in a recent case that none consensual sex with one’s wife does not tantamount to rape..Justice J.B.Pardiwala said that a husband cannot be prosecuted for the offence of rape punishable under Section 375 of the IPC at the instance of his wife as marital rape is not covered under section 375 of IPC.

He said that sexual intercourse by a man with his own wife if she is not under 18 years of age is not rape.There have been mixed reactions to the judgment with most women’s groups condemning the same.