Single-judge Justice Gurpal Singh Ahluwalia said that a husband engaging in anal sex with his wife will not amount to rape even if it is non-consensual as long as the wife was not below 15 years of age.
Marital Rapes In India: Justice Joshi highlighted the global consensus on the illegality of marital rape, pointing out that 50 American states have already recognized and criminalized marital rape.
A two-member bench pronounced a split verdict with Justice Rajiv Shakdher, who headed the division bench, in favour of criminalising marital rape and Justice C Hari Shankar holding a contrary view and observing that the exception under the IPC is not “unconstitutional".