The Karnataka High Court on Wednesday declined to drop rape accusations filed by a wife against her husband, violating a legal exemption, and instead called on lawmakers to heed the "voices of silence," in a decision that might help influence the discussion on marital rape.
"A man is a man; an act is an act; rape is rape, whether committed by a man, the 'husband,' on a woman, the 'wife," Justice M Nagaprasanna of the Karnataka High Court stated in a single-judge bench. The court cited the "age-old...regressive" belief that "husbands are the masters of their women, and their body, mind, and soul should be effaced."
Even though the court did not expressly quash the marital rape exemption, the married man was made to stand trial for rape allegations filed by his wife. After a trial court found the offense under Section 376, the husband filed a petition in the High Court (rape).
"Sexual intercourse or sexual actions by a man with his wife, if the wife is not under the age of eighteen years, is not rape," says IPC Section 375, which defines rape.
Also Read: India Among 18% Countries That Allow Marital Rape
Marital Rape A Burning Issue, Yet No Law To Criminalize It!
In 2018, the Gujarat High Court heard a similar case in which a married man sought to have his wife's rape complaint dismissed. Although the HC overturned the FIR to remove the rape accusations, it provided a comprehensive explanation for why marital rape should be criminalized.
On January 31st, the RIT Foundation and the All India Democratic Women's Association, who have petitioned the Delhi High Court to make marital rape a crime, said that such an act will continue to be tolerated until it is clearly designated a crime under the law.
The marital rape exception's constitutionality is now being challenged in the Delhi and Gujarat High Courts.
Latest Videos
