Ahmedabad, January 16: In a significant observation regarding matrimonial rights and bodily autonomy, the Gujarat High Court has ruled that s*x between spouses must be consensual, emphasising that forced "unnatural s*x" is inherently traumatic for a partner. Justice Divyesh Joshi made these observations while dismissing the bail application of a man accused of subjecting his wife to unnatural s*x and physical cruelty. The Court underscored that while the legal framework surrounding marital rape remains a subject of national debate, the psychological and physical impact of non-consensual acts within a marriage cannot be ignored by the judiciary.

What Were the Grounds for Bail Denial

The case involved a husband facing charges under Sections 377 (unnatural offences), 498A (cruelty by husband or relatives), and 323 (voluntarily causing hurt) of the Indian Penal Code. The applicant sought regular bail, arguing that the allegations were exaggerated and stemmed from a domestic dispute. Gujarat High Court Allows Woman's Appeals After Australian Court Dissolves Marriage Solemnised in India Under Hindu Marriage Act, Says 'Jurisdiction Over Such Marriages Rests Solely With Indian Courts'.

However, Justice Joshi rejected the plea, noting the gravity of the allegations. The Court stated that the sanctity of marriage does not give a spouse the license to impose their will through force. The judge observed that "unnatural s*x" performed against the will of a spouse is a violation of dignity and constitutes a traumatic experience that can have long-lasting effects on the victim’s well-being.

Consent Within the Institution of Marriage

The court’s ruling touched upon the fundamental expectation of consent, even within a legally recognised union. The bench remarked that the institution of marriage is built on mutual respect and shared consent, rather than the subordination of one partner's body to another.

"S*x between the husband and wife must be consensual," the Court noted, adding that when force is used to perform acts that are deemed "unnatural," it crosses the boundary of a healthy matrimonial relationship and enters the realm of criminal conduct as defined under current statutes.

Legal Context and Section 377

The ruling comes at a time when the legal status of Section 377 and the "Marital Rape Exception" is under intense scrutiny in India. While the Supreme Court of India decriminalised consensual same-s*x relations in 2018, Section 377 remains applicable in cases where "unnatural" acts are non-consensual.

In this specific instance, the Gujarat High Court focused on the lack of consent as the primary factor. By prioritizing the victim's trauma and the non-consensual nature of the act, the Court reaffirmed that marriage does not provide immunity against charges of unnatural offences if the act is forced upon a partner. 'Shall I Change the Premises of the High Court?': Gujarat High Court Raps Lawyer After His Repeated Non-Appearance Leads To Matter Being Adjourned 30 Times.

Broader Implications for Spousal Rights

Legal experts suggest that this observation by the Gujarat High Court adds to a growing body of jurisprudence that advocates for the protection of women's bodily autonomy within marriage. While the central government continues to deliberate on the criminalisation of marital rape, High Courts across the country are increasingly recognising "forced s*x" as a valid ground for criminal proceedings and divorce on the basis of cruelty. By denying bail, the Court has signalled that allegations involving s*xual trauma within a marriage will be treated with a high degree of seriousness, prioritising the protection of the complainant during the investigative phase.

(The above story first appeared on LatestLY on Jan 16, 2026 12:18 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).